1 00:00:00,040 --> 00:00:02,640 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,640 --> 00:00:05,120 Speaker 1: exploring legal issues in the news. It's brought to you 3 00:00:05,160 --> 00:00:09,959 Speaker 1: by American Arbitration Association. Business disputes are inevitable, Resolve Faster 4 00:00:10,080 --> 00:00:13,760 Speaker 1: with the American Arbitration Association, the global leader and alternative 5 00:00:13,760 --> 00:00:17,400 Speaker 1: dispute resolution for over ninety years. More at a dr 6 00:00:17,560 --> 00:00:20,840 Speaker 1: dot org. Today Bloomberg Lahos Jing Grosso and Greg Sture 7 00:00:20,920 --> 00:00:24,600 Speaker 1: discussed Tuesday's ruling in a Supreme Court case involving patents 8 00:00:24,640 --> 00:00:28,240 Speaker 1: for printer cartridges. They speak with the Robin Felman, director 9 00:00:28,280 --> 00:00:31,320 Speaker 1: of the Institute for Innovation Law Do you see Hastings 10 00:00:31,320 --> 00:00:35,000 Speaker 1: and Gregory Dolan, co director of the Center for Medicine 11 00:00:35,000 --> 00:00:38,360 Speaker 1: and Law at the University of Baltimore. Greg, before we 12 00:00:38,400 --> 00:00:41,280 Speaker 1: get into all the important legal questions in this case, 13 00:00:41,360 --> 00:00:44,600 Speaker 1: can you just explain to us who was involved in 14 00:00:44,960 --> 00:00:47,640 Speaker 1: the case and what the dispute between the two companies was. 15 00:00:48,000 --> 00:00:51,800 Speaker 1: Sure the case of two companies both involved in making 16 00:00:51,840 --> 00:00:57,240 Speaker 1: printer cartridges. The plaintiff lex Mark. They make printer cartridges 17 00:00:57,400 --> 00:01:01,680 Speaker 1: that many people using their printers to um print documents 18 00:01:02,360 --> 00:01:05,680 Speaker 1: and um as many people know. These cartridges have ink 19 00:01:05,800 --> 00:01:09,120 Speaker 1: or other materials that mean, eventually cards just run out, 20 00:01:09,160 --> 00:01:10,800 Speaker 1: and they can be you can either replace the whole 21 00:01:10,800 --> 00:01:14,720 Speaker 1: cartridge or you can refill the old one and um, 22 00:01:14,760 --> 00:01:17,720 Speaker 1: you know, reuse it. And the issue at this case 23 00:01:17,920 --> 00:01:20,920 Speaker 1: was whether or not these corsages could be refilled. Lexmark 24 00:01:21,040 --> 00:01:24,360 Speaker 1: had two ways of selling their initial cartridges. They either 25 00:01:24,400 --> 00:01:26,920 Speaker 1: sold it to their customers at full price, thus and 26 00:01:27,000 --> 00:01:29,160 Speaker 1: then customers could do them what they wanted. They could 27 00:01:29,200 --> 00:01:32,240 Speaker 1: throw them out, they could readfill whatever, or they sold 28 00:01:32,280 --> 00:01:35,440 Speaker 1: them at a significant discount about discounts on a condition 29 00:01:36,080 --> 00:01:38,560 Speaker 1: that they will not be refilled, and then instead the 30 00:01:38,560 --> 00:01:42,039 Speaker 1: cartridges spent cart would be sent back to Lexmark Impression products. 31 00:01:42,040 --> 00:01:45,080 Speaker 1: They defended in this case until these old cartridges, both 32 00:01:45,160 --> 00:01:46,720 Speaker 1: the ones that were sold in the United States and 33 00:01:46,720 --> 00:01:48,920 Speaker 1: the ones who were sold abroad, whether or not they 34 00:01:48,920 --> 00:01:51,840 Speaker 1: were under the first or second program, and refilled them 35 00:01:52,160 --> 00:01:55,760 Speaker 1: and then sold them obviously for cheaper than the original manufacturer. 36 00:01:55,800 --> 00:01:57,880 Speaker 1: And that was a dispute whether or not doing so 37 00:01:58,440 --> 00:02:01,800 Speaker 1: violates lex Marks pat and Robin. How did the Supreme 38 00:02:01,840 --> 00:02:05,320 Speaker 1: Court come to its decision today is a big win 39 00:02:05,440 --> 00:02:09,040 Speaker 1: for free enterprise, which is reflected in the language throughout 40 00:02:09,080 --> 00:02:13,120 Speaker 1: the Supreme Court. Under patent exhaustion. When a product is sold, 41 00:02:13,360 --> 00:02:16,120 Speaker 1: the patent right ends. In other words, if I buy 42 00:02:16,160 --> 00:02:18,400 Speaker 1: a hammer, I should be able to hit any nail 43 00:02:18,560 --> 00:02:21,520 Speaker 1: I want, or resell it to anyone I want. Anything 44 00:02:21,520 --> 00:02:23,880 Speaker 1: else creates bottlenecks in the flow of commerce, and it 45 00:02:23,919 --> 00:02:27,600 Speaker 1: comes up the system. The Supreme Court decision spoke in 46 00:02:27,720 --> 00:02:30,240 Speaker 1: terms of an auto repair shop in a way that 47 00:02:30,639 --> 00:02:33,840 Speaker 1: should make sense to all consumers. If a car owner 48 00:02:33,919 --> 00:02:36,519 Speaker 1: drives into the shop, the repair should be able to 49 00:02:36,560 --> 00:02:39,760 Speaker 1: fix the car and not have to worry about invisible 50 00:02:39,800 --> 00:02:43,480 Speaker 1: restrictions that might exist on each tiny component of the car. 51 00:02:44,040 --> 00:02:47,760 Speaker 1: The Supreme Court said patent system doesn't work that way. 52 00:02:48,080 --> 00:02:50,520 Speaker 1: When you sell an item, that's the end of the 53 00:02:50,560 --> 00:02:54,080 Speaker 1: patent rights. As Robin Fellman, director of the Institute for 54 00:02:54,120 --> 00:02:57,040 Speaker 1: Innovation Law, Do You See Hastings, and Gregory Dolan, co 55 00:02:57,160 --> 00:02:59,239 Speaker 1: director at the Center for Medicine and Law at the 56 00:02:59,360 --> 00:03:02,680 Speaker 1: University of Baltimore, speaking with Bloomberg Law host doom Grasso 57 00:03:02,760 --> 00:03:05,320 Speaker 1: and Greg Sture. You can listen to Bloomberg Law weekdays 58 00:03:05,320 --> 00:03:08,760 Speaker 1: at one pm Wall Street Time here on Bloomberg Radio Now. 59 00:03:08,760 --> 00:03:11,320 Speaker 1: Among the top legal stories from Bloomberg Law, Deutsche Bank 60 00:03:11,360 --> 00:03:14,000 Speaker 1: will pay forty one million dollars to settle a Federal 61 00:03:14,040 --> 00:03:17,800 Speaker 1: Reserve money laundering investigation. The FED claimed the bank's US 62 00:03:17,840 --> 00:03:21,800 Speaker 1: operations fail to maintain adequate protections against money laundering. Regulators 63 00:03:21,840 --> 00:03:26,000 Speaker 1: say the case involved billions of dollars and potentially suspicious transactions. 64 00:03:26,800 --> 00:03:29,239 Speaker 1: And that's this morning's Bloomberg Law Brief. You can find 65 00:03:29,280 --> 00:03:32,160 Speaker 1: more legal news at Bloomberg law dot com and Bloomberg 66 00:03:32,200 --> 00:03:35,600 Speaker 1: BNA dot com. Attorneys will find exceptional legal research and 67 00:03:35,640 --> 00:03:39,280 Speaker 1: business development tools there as well. Visit Bloomberg law dot 68 00:03:39,320 --> 00:03:42,920 Speaker 1: com and Bloomberg BNA dot com for more information