Sheff’s Article, Self-Replicating Technologies, Mentioned on IP Blog

Professor Jeremy Sheff’s article, Self-Replicating Technologies, gets a mention in an IPKat post on the Supreme Court’s recent decision on patent rights in Bowman v. Monsanto.  Here’s an excerpt from the post:

In an interesting paper entitled ‘Self Replicating Technologies’, Professor J. Sheff highlighted that ‘not all self-replicating technologies are identical, and a categorical rule exempting them from exhaustion doctrine is unwarranted’. Although the Supreme Court did not go as far as identifying a criterium [sic] for modulating the patent exhaustion doctrine, as suggested in the paper (according to which, ‘the application of the exhaustion doctrine should depend on the patentee’s ability to charge supracompetitive prices in its primary market where consumers are able to substitute secondary-market embodiments’), its final clarification appears to be a step in the right direction.



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