Academics Debate Patent “Exhaustion Doctrine”

Can a patent-holder ask for royalties from third-party purchasers? The United States Supreme Court said ‘no’ in the 2008 landmark case Quanta Computer Inc. v. LG Electronics Inc. (IPW, US Policy, 25 June 2008).

But what does this decision mean for both patent law and rights holders? Five academics – Richard A. Epstein, F. Scott Kieff, Fred von Lohmann, Adam Mossoff, and Mark Lemley – debate the issue in a recent podcast hosted at the conservative think tank the Federalist Society.