In The News

SCOTUS to Rule on International Exhaustion in Lexmark Case

Managing Intellectual Property

14 Dec 2016

Matthew D’Amore, a partner in the firm’s Intellectual Property Group and a member of the firm’s Life Sciences Practice Group, was quoted regarding the Lexmark case in the article, “SCOTUS to Rule on International Exhaustion in Lexmark Case,” published by Managing Intellectual Property on December 14, 2016.

Mr. D’Amore says the Supreme Court must reconcile inconsistent legal precedents as well as conflict between two free market principles.

The Supreme Court's decision potentially has significant trade implications and that concern has held the attention of those in the pharmaceutical industry. “Under the respondent’s view as that would apply to the

pharmaceutical world, you’d have this situation where a manufacturer is suing a distributor for selling the manufacturer’s own product,” says Mr. D’Amore.

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