Yar Chaikovsky and Keith Slenkovich discuss Recent Decisions in Patent Exhaustion:
Bowman, Kirtsaeng and other developments impacting the exhaustion doctrine
1) First Sale Doctrine in Copyright Law
– Kirtsaeng v. Wiley (2013)
2) Overview of Patent Exhaustion Doctrine
– Quanta v. LG (2008)
3) Patent Exhaustion – “Territoriality Requirement”
– Jazz Photo line of cases
– Recent cases finding exhaustion with foreign sales
– Ninestar v. ITC (Fed. Cir. 2012), cert. denied (2013)
4) Self-Replicating Technology
– Bowman v. Monsanto (2013)
5) Notable Decision
– Keurig v. Sturm Foods (Fed. Cir. 2013)
Yar Chaikovsky is well regarded in the California market and peers and clients alike recognize his IP litigation practice. His fields of experience include semiconductor, communications, network and computer technologies. He achieved a stunning win for Yahoo! in a jury trial against Bedrock Computer in the Tyler Division of the Eastern District of Texas, a patent litigation hotspot which many regard as plaintiff friendly. It was the first defense verdict in a patent infringement matter in this division since 2007. He recently represented HTC in ITC and district court patent infringement cases.
Keith Slenkovich is an experienced trial lawyer, who represents technology companies in intellectual property disputes and complex commercial litigation. As lead trial counsel, Mr. Slenkovich has taken more than 20 cases to verdict in state and federal courtrooms throughout the country. His intellectual property experience includes numerous patent, trade secret, copyright and trademark cases, including disputes alleging infringement or misappropriation in the clean tech, telecommunications, semiconductor, software, and manufacturing fields.