Whenever a patent holder fails to prove that the patent protection of a component, incorporated into a complex product, is not of subordinate importance to the basic functional characteristic of the good (in this case of vehicles, characterized as bringing passengers from one point to another safely), the doctrine of exhaustion applies, irrespective of where the complex product was marketed.

A full summary of this case has been published on Kluwer IP Law.

image_pdfimage_print

Leave a Reply

Your email address will not be published. Required fields are marked *