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The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving ...
The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's ...
Omega S. A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), was a case decided by the Ninth Circuit Court of Appeals that held that in copyright law, the first-sale doctrine does not act as a defense to claims of infringing distribution and importation for unauthorized sale of authentic, imported watches that bore a design registered ...
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
application of first-sale doctrine of U.S. copyright law to reimported goods Almendarez-Torres v. United States: 523 U.S. 224 (1998) prior convictions used to enhance a sentence need not be proved to a jury beyond a reasonable doubt Feltner v. Columbia Pictures Television, Inc. 523 U.S. 340 (1998)
The first-sale doctrine provides that a copyright owner "exhausts his exclusive statutory right to control its distribution" once he or she has sold the copyrighted item. [6] In ReDigi, the court held that the first-sale defense did not apply to ReDigi because first-sale only affects the copyright holder's distribution right, not reproduction ...
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle.
The first-sale doctrine prevents copyright holders from controlling consumptive uses after the "first sale" of their work, although the Ninth Circuit has held that the first-sale doctrine does not apply to derivative works. [22] The de minimis doctrine and the fair use exception also provide important defenses against claimed copyright ...