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Antitrust and the First-Sale Doctrine Catherine J.K. Sandoval Associate Professor Santa Clara University School of Law First-Sale Doctrine Conference, November 2010 IP Roots of the First-Sale Doctrine The first-sale doctrine prohibited a patentee from using the patent laws to enforce restrictions on a patented good once the good had been sold. First-sale doctrine restriction codified for copyright law Roots in doctrine prohibiting restraints against alienation Resale Price Maintenance Resale Price Maintenance (RPM) had been per se illegal for nearly 100 years under Dr. Miles In Leegin in 2007 the Supreme Court changed the standard for reviewing RPM arrangements to rule of reason RPM is not per se reasonable, must meet applicable standard Conflicts between IP Rights and Antitrust Laws Do the restrictions imposed by the IP holder fall within the scope of IP rights? If the IP holder is trying to impose restrictions outside of the scope of its rights, this may raise antitrust law i...