Patent Exhaustion and Helferich’s Assertion Problem

By Professor Amelia Smith Rinehart, as published on PatentlyO.com.  Recently, the Federal Circuit held that the New York Times and others infringed patents claiming methods and systems for delivering content to smartphones.[1] In a related Patently-O essay, Professor Sam Ernst states that the Federal Circuit’s opinion in Helferichis “directly contrary to Supreme Court precedent and represents a […]