United States Federal Circuit

The district court's decision granting a preliminary injunction in favor of plaintiffs prohibiting defendants from making, using, or selling its blood glucose test strips, which the district court found likely indirectly infringes plaintiffs' patent is reversed, where: 1) defendants have established that they have a patent exhaustion defense; and 2) in the case of an authorized and unconditional transfer of title, the absence of consideration is no barrier to the application of patent exhaustion principles.

Appellate Information

• Decided 11/04/2013
• Published 11/04/2013

Judges

• DYK

Court

• United States Federal Circuit

Counsel