Lexmark International  v. Impression Products is now sitting at the Federal Circuit awaitingen banc decision whether the court sustains its Jazz Photo denial of international patent exhaustion (which would trigger a conflict with the Supreme Court copyright opinion inKirtsaeng v. John Wiley & Sons, stimulating a likely grant of certiorari) or whether the court will overrule Jazz Photo to usher in an era of international patent exhaustion.

Supreme Court Review:  The issue may remain clouded as late as the first half of  2017 (in the event an appeal is accepted by the Supreme Court).

The case is considered in detail in the attached Top Ten Patent Cases at page 11.