미국특허소진에 관한 연구 - CAFC의 Lexmark판결을 중심으로-

다국어 초록 (Multilingual Abstract)

2016. 2. The US Court of Appeals for the Federal Circuit (“CAFC”) denied patent exhaustion in Lexmark s patents with en banc. The patent exhaustion theory is that after the patent holder sells the patented product, the patent right for the patented product disappears. Therefore, the assignee of the patented product can freely transfer or dispose of it. Since the 1980s, CAFC has been reducing its coverage of patent exhaustion while strengthening its patent policy based on its expertise. Particularly the reduction of the scope of exhaustion through contracts, and the denial of the patent exhaustion of method patents. In the 2000s, the US Supreme Court ruled Quanta Quanta Comp. V. LG Eletronics, criticized this attitude of the CAFC, and gave the impression that it was returning to the passion of the judiciary for patent policy. However, the CAFC still has a patent policy in mind, and Lexmark overruled that Quanta Comp. Quanta Comp. V. LG Eletronics. The Lexmark ruling shows the CAFC s pro-patent position in relation to exhaustion in two respects. First, the principle of patent exhaustion can be circumvented by conditional sale. Second, the patent does not cause international exhaustion. Under the terms of the Quanta judgment, the Supreme Court ruled that patentees could no longer exercise their patents on the product after the initial sale of the patented product, regardless of whether or not it was conditional, Decision was made against the Quanta judgment of the Supreme Court by determining that the post-sale restriction could exclude the exhaustion of the patent right. Next, in connection with the international exhaustion of patents, the CAFC issued a ruling denying it. The US lower court case is divided on the international exhaustion of patents, but Jazz Photo v. Jazz Photo v. International Trade Commission. Since then, the United States has denied the international exhaustion of patents. Nonetheless, the need to acknowledge the international exhaustion of patents has been reexamined since the Supreme Court recently recognized the alienation of copyrights. The case has drawn attention to whether the US Supreme Court will extend patents to Kirtsaeng s international copyright claims. In this paper, we examine CAFC s rulings on Lexmark s case and examine the controversial two issues: the controversial CAFC and federal Supreme Court decisions on conditional sales theory and international exhaustion, I will discuss the direction and implications of the US Supreme Court decision in the future.

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