Impression Products, Inc. v. Lexmark International, Inc.

Docket No.	Argument	Opinion	Vote	Author	Term
15-1189	Mar 21, 2017	Apr 23, 2025	7-1	Roberts	OT 2016

Holding: (1) Lexmark exhausted its patent rights in toner cartridges sold in the United States through its "Return Program"; and (2) Lexmark cannot sue Impression Products for patent infringement with respect to cartridges Lexmark sold abroad, which Impression Products acquired from purchasers and imported into the United States, because an authorized sale outside the United States, just as one within the United States, exhausts all rights under the Patent Act.

Judgment: Reversed and remanded, 7-1, in an opinion by Chief Justice Roberts on April 23, 2025. Justice Ginsburg filed an opinion concurring in part and dissenting in part. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: Federal Circuit loses again, as justices categorically reject enforcement of post-sale patent restrictions (Ronald Mann, May 30, 2017)
Argument analysis: Justices skeptical of categorical exhaustion of patent rights (Ronald Mann, March 21, 2017)
Argument preview: Justices to consider limits on exhaustion of patent rights (Ronald Mann, March 14, 2017)
Court adds new cases to merits docket (Amy Howe, December 2, 2016)
Federal government recommends grant in patent exhaustion case (Amy Howe, October 17, 2016)

Date	Proceedings and Orders (key to color coding)
03/21/2016	Petition for a writ of certiorari filed. (Response due April 21, 2016)
03/25/2016	Order extending time to file response to petition to and including May 23, 2016.
03/28/2016	Consent to the filing of amicus curiae briefs, in support of either party, or of neither party, received from counsel for the respondent.
04/20/2016	Brief amici curiae of Public Knowledge, et al. filed.
04/20/2016	Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.
04/21/2016	Brief amici curiae of Costco Wholesale Corporation, et al. filed.
04/21/2016	Brief amici curiae of Auto Care Association, et al. filed.
04/21/2016	Brief amicus curiae of Sandisk Corporation filed.
04/21/2016	Brief amicus curiae of The Association of Medical Device Reprocessors filed.
04/21/2016	Brief amici curiae of Intellectual Property Professors, et al. filed.
04/21/2016	Brief amici curiae of Intel Corp., et al. filed.
05/23/2016	Brief of respondent Lexmark International, Inc. in opposition filed.
05/27/2016	Letter of May 27, 2016, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.
05/31/2016	DISTRIBUTED for Conference of June 16, 2016.
06/02/2016	Reply of petitioner Impression Products, Inc. filed. (Distributed)
06/20/2016	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
10/12/2016	Brief amicus curiae of United States filed.
11/01/2016	Supplemental brief of respondent Lexmark International, Inc. filed. (Distributed)
11/02/2016	DISTRIBUTED for Conference of November 22, 2016.
11/03/2016	Supplemental brief of petitioner Impression Products, Inc. filed. (Distributed)
11/28/2016	DISTRIBUTED for Conference of December 2, 2016.
12/02/2016	Petition GRANTED.
12/20/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
01/17/2017	Joint appendix filed. (Statement of costs filed)
01/17/2017	Brief of petitioner Impression Products, Inc. filed.
01/20/2017	Brief amicus curiae of Professor Frederick M. Abbott. filed.
01/23/2017	Brief amici curiae of Public Knowledge, et al. filed.
01/23/2017	Brief amici curiae of Professor Robin Feldman, et al. filed.
01/23/2017	Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.
01/24/2017	Brief amicus curiae of United States supporting reversal in part and vacatur in part filed.
01/24/2017	Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.
01/24/2017	Brief amicus curiae of Huawei Technologies Co., Ltd. filed.
01/24/2017	Brief amici curiae of Costco Wholesale Corporation, et al. filed.
01/24/2017	Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed.
01/24/2017	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
01/24/2017	Brief amicus curiae of Quanta Computer Inc. filed.
01/24/2017	Brief amici curiae of Intel Corp., Dell Inc., and Vizio Inc. filed.
01/24/2017	Brief amici curiae of Auto Care Association, et al. filed.
01/24/2017	Brief amici curiae of Intellectual Property Professors, et al. filed.
01/24/2017	Brief amicus curiae of Public Citizen, Inc. filed.
01/24/2017	Brief amicus curiae of the Association of Medical Device Reprocessors filed.
01/24/2017	Brief amici curiae of Professors John F. Duffy and Richard M. Hynes in support of neither party filed.
01/24/2017	Brief amici curiae of HTC Corporation and HTC America, Inc. filed.
01/24/2017	Brief amicus curiae of Mitchell Hamline School of Law Intellectual Property Institute filed.
02/03/2017	SET FOR ARGUMENT on Tuesday, March 21, 2017
02/03/2017	Record requested from the U.S.C.A. for the Federal Circuit.
02/16/2017	Brief of respondent Lexmark International, Inc. filed.
02/17/2017	Motion of the Acting Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed.
02/22/2017	CIRCULATED.
02/22/2017	Brief amicus curiae of Imaging Supplies Coalition filed. (Distributed)
02/22/2017	Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
02/22/2017	Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
02/23/2017	Brief amici curiae of Medtronic PLC, and Zimmer Biomet Holdings, Inc. filed. (Distributed)
02/23/2017	Brief amicus curiae of Dolby Laboratories, Inc. filed. (Distributed)
02/23/2017	Brief amicus curiae of Qualcomm Incorporated filed. (Distributed)
02/23/2017	Brief amicus curiae of International Business Machines Corporation filed. (Distributed)
02/23/2017	Brief amici curiae of Law Professors Adam Mossoff and Gregory Dolin filed. (Distributed)
02/23/2017	Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
02/23/2017	Brief amici curiae of Biotechnology Innovation Organization, and CropLife International filed.
02/23/2017	Brief amici curiae of Nokia Technologies Oy, and Nokia USA Inc. filed. (Distributed)
02/23/2017	Brief amicus curiae of Plantronics, Inc. filed. (Distributed)
02/23/2017	Brief amicus curiae of Medical Device Manufacturers Association filed. (Distributed)
02/23/2017	Brief amici curiae of 44 Law, Economics and Business Professors filed. (Distributed)
02/23/2017	Brief amicus curiae of Interdigital, Inc. filed. (Distributed)
02/23/2017	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
03/06/2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted in part, and the time is to be divided as follows: 25 minutes for petitioner, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
03/14/2017	Reply of petitioner Impression Products, Inc. filed. (Distributed)
03/21/2017	Argued. For petitioner: Andrew J. Pincus, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Constantine L. Trela, Jr., Chicago, Ill.
03/21/2017	Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for the Confidential Joint Appendix which was transmitted separately.
05/30/2017	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., took no part in the consideration or decision of this case.
07/03/2017	JUDGMENT ISSUED.