Search results
Results from the WOW.Com Content Network
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 ...
John Wiley & Sons, Inc., 568 U.S. 519 (2013), is a United States Supreme Court copyright decision in which the Court held, 6–3, that the first-sale doctrine exhausts copyright of the works lawfully made or purchased abroad.
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.
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 ...
UCITA would explicitly allow software makers to make any legal restrictions they want on their software by calling the software a license in the EULA, rather than a sale. This would therefore take away purchasers right to resell used software under the first sale doctrine. Without UCITA, courts have often ruled that despite the EULA claiming a ...
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)
Similarly, a patented good may be re-sold under the patent exhaustion doctrine. In 2013, the United States Supreme Court largely discussed the legality of the grey market when it decided Kirtsaeng v. John Wiley & Sons, Inc. where it held that a sale abroad of a copyrighted good triggers the first sale doctrine. The decision is largely ...
The court held first that the copyright statutes protect an owner's right to "multiply and sell" the work on their own terms. The statutory right to sell, however, did not also create a right to limit resale. The court did not hold that a contract or license imposed on the first sale could not