Tag Archives: Exhaustion

Contours of Apple-Qualcomm dispute: Apple emphasizes antitrust, FRAND, patent exhaustion — Qualcomm says contracts are contracts

On April 15, the Apple & contract manufacturers v. Qualcomm trial will start in San Diego (Southern District of California), and the stakes are high.This is a key month for pretrial filings. I've gleaned from the parties' joint pretrial brief … Continue reading

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Day 2 of FTC v. Qualcomm: patent exhaustion; leveraging of chips in licensing negotiations; rival chipset makers

Friday, the first day of the FTC v. Qualcomm antitrust trial in the Northern District of California (San Jose, to be precise), couldn't have gone much better for the Federal Trade Commission. Today, Monday, the FTC made further headway, but … Continue reading

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Knick Brief On The Merits: Time To Ditch <em>Williamson County</em>'s State Exhaustion Requirement

Here's the Petitioner's Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County's "state exhaustion" requirement, a doctrine which tells takings plaintiffs … Continue reading

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Quick Hits – Exhaustion of remedies, a full day's work, improper touching and revoking a resignation

DFR plaintiffs failed to pursue internal union remedies but case to be held in abeyance pending internal appealIn what describes as "a case about process," the Sixth Circuit has reinstated a DFR/301suit against the UAW and Chrysler dismissed by the … Continue reading

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Repair or reconstruction: Where do you draw the line for exhaustion under patent law?

What can the buyer of a patented product do with the product in question under the doctrine of exhaustion? Stated otherwise: when does the use of a patented invention fall outside the scope of what a buyer is allowed or … Continue reading

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