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Mr. Beat presents

Supreme Court Briefs

Charleston, West Virginia 2010

A company called Impression Products makes money by buying up old printer toner cartridges, refilling them with more toner, and selling them at a much lower price than it'd cost to buy one brand new.

Well, Lexmark, one of the companies that makes those printer toner cartridges, didn't like that so much, as it was, you know, cutting into their profits.

Lexmark sued Impression Products, arguing that by fixing up and reselling its old printer cartridges without their permission, Impression was not respecting the patent Lexmark held on them.

Lexmark said it didn't just own the patent for the product when it first sold- it owned it for future resales, and they thought they deserved some of that profit Impression was getting.

So first, we are talking about United States patent law here, which Article 1, section 8, clause 8 of the Constitution talks about.

"Promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"

But could you be more specific please?

Well it's all spelled out in Title 35 of the U.S. Code, which I'm not going to read to you because that would put you to sleep.

One thing that is important here is what's known as the exhaustion doctrine, which limits how much control someone has over their patent once the final sale is made.

For example, if I make a guitar and sell it to Jim Bob, and Jim Bob later converts that guitar into a boat and resell it as a boat, the exhaustion doctrine applies.

I don't get some of that profit from Jim Bob selling the boat.

Basically, there were two parts to this case.

One, as I mentioned earlier, Impression was reselling the cartridges after it re-filled them with toner, but two, they were also importing cartridges Lexmark had sold in other countries.

The district court said that patent was exhausted, yo.

So Impression could refill those cartridges.

However, it also said that didn't apply to those imported cartridges because there wasn't a law or case that said patent protections ended for stuff sold outside the country.

So both sides appealed.

It ended up in the Federal Circuit of DC.

They voted 10-2 in favor of Lexmark for BOTH parts of the case, using two other federal circuit cases to back up their ruling.

That said, they said buyers generally could do what they want with a patented product after they bought it.

But if patent holders wanted restrictions, they should be respected.

Impression appealed again, and the Supreme Court agreed to look at the case, hearing oral arguments on March 21, 2017.

That wasn't that long ago guys. The newly appointed justice Neil Gorsuch didn't hear arguments, so he did not vote in this one.

In addition to looking at the exhaustion doctrine, the Court revisited a 2013 case called Kirtsaeng v. John Wiley & Sons, in which the Court said the exhaustion doctrine did apply to patents made in other countries.

Impression was hoping that would help their case.

On May 30, 2017, the Court announced its decision. It sided with Impression Products.

For the first part about the exhaustion doctrine, it was unanimous, 8-0.

After a patent holder sold their product, that is it man.

So Lexmark couldn't try to get some of that profit Impression was getting.

Chief Justice John Roberts used the example of a used car dealership to explain why they sided with Impression.

"The (used car) business works because...the shop is free to repair and resell those vehicles.

That smooth flow of commerce would sputter if companies that make the thousands of parts that go into a vehicle could keep their patent rights after the first sale."

For the second part dealing with imported toner cartridges, it was 7-1 in favor of Impression.

The only dissent came from justice RBJ, Ruth Bader Ginsburg, who argued if the item was sold outside of the United States independent of U.S. patent law, it doesn't make sense that the exhaustion doctrine apply to it.

Man...speaking of exhaustion...I'm exhausted.

This was heavy stuff.

Impression Products v. Lexmark was a victory for consumers and a major setback for companies trying to use their patents to attack other companies.

Ultimately, the prices of a lot of stuff, not just printer cartridges, will go down in the future because of this case.

Hey that works out. I like cheap stuff!

Oh, and today, Impression uses their Supreme Court victory to promote their company, on their very cheesy website.

I'll see you for the next Supreme Court case, jury!

Thanks to my very generous Patreon supporter Roux Rinner for suggesting this Supreme Court case.

And I know this may be asking a lot here, but If this video gets at least 2,000 likes within the first 48 hours I will get a tattoo of the Declaration of Independence on my cheek.

Thanks for watching this boring video about printer toner.

And thanks for liking...below.

For more infomation >> How Long Does a Patent Last? | Impression Products v. Lexmark - Duration: 5:21.

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How Long Should I Take To Warm Up My Voice - Vocal Tutorial - Ken Tamplin Vocal Academy - Duration: 2:37.

Hey, guys! Welcome back again to Ken Tamplin Vocal Academy, Where the Proof is in the Singing!

We've got quite a few questions on this

and that is how long should I take to warm up my voice?

Well, again, like exercise, it just depends on what your body is capable of, and what

you've built up to from a stamina standpoint. So what I recommend, depending

on what you're doing. Now I have a singing course called How To Sing Better Than Anyone Else,

I walk you through all the steps, step-by-step, so if you're

interested, you can check it out. But if you're just looking to do YouTube video

stuff, you know start with 15 minutes. Build up to 20. Build up to 25, but

remember when you're building up you have to build up with correct

information. If you're building up with bad information, you're embedding bad

habits within your singing. So if you're doing it correctly and again if

the question really is "I already know how to sing well, and I've got this. I've

done the course, or I've done whatever... Should I warm up for 30 minutes before I

go do a performance? An hour before I do performance? I personally do a full hour

sometimes 90 minutes before I do performances. In fact, most of the days

I'll do a warm-up for an hour, hour and a half, and I'll sing for four or five

hours a day. People say "You're crazy! That'll kill your voice!" Actually it

won't. The voice gets stronger. It's a group of muscle structure, that if you do

it right, it's going to actually get stronger over time. So build up a stamina

that you're comfortable with. Make sure whatever information that you get is

correct, and then as you build this up, you're able to increase that information

and the more we do this and the more gentle and long that were like we

spend a good solid hour warming up... Most opera singers warm up for a solid hour.

So a good, solid hour, and then they'll do a 90 minute aria after that. So get that

through your brain... or more, sometimes. you know let's let's look at this from a

stamina standpoint, a physical standpoint on how we do this. So, hopefully this was helpful!

Ken Tamplin Vocal Academy, Where The Proof Is In The Singing!

Hey guys! If you like what you heard, please like and subscribe to my channel,

and if you want to get notified when I have a new, cool video come out, you need

to go to my channel and click on this little bell icon and it will actually

notify you every time I have a video come out! Thanks Guys!

For more infomation >> How Long Should I Take To Warm Up My Voice - Vocal Tutorial - Ken Tamplin Vocal Academy - Duration: 2:37.

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How Long Does It Take To Get A Winner While A/B Testing? - Duration: 4:53.

hey there Justin Christianson here from conversion fanatics and today I want to

talk about how long does it take to actually get a winner or see improvement

while you're doing a be testing well a study was done not too terribly long ago

from convert experiences on the average improvement that companies see well when

they are leveraging their internal resources and just split testing on

their own the average is about one in six are winners but if they're

leveraging an agency or a conversion rate optimization solution or partner

the average is about one in three and here our conversion fanatics that's what

about what we average about one in every three tests is a winner but how long

does it take to actually get a winner and see the improvement that you're

looking for well it really depends on the type of business that you're in

we've had our worst case scenario where we've ran the first 11 tests or so that

didn't see any marginal improvement in the twelfth tests we ran was a 52%

improvement for the store and that's the worst case scenario on the other side we

generally see a winner within that first three in often cases we see a winner

right out of the gate on the very first experiment that we are conducting for a

company but it's different for each and every company you need to be effective

in what you are deciding to test don't just go down and make a list like hey

this would be nice to have or this would be a good idea to test don't just simply

go down the list because it doesn't ever factor in that way I mean it's just like

throwing random things up and hoping something would stick instead you need

to follow a process in a plan and really ask the question why and develop those

test hypotheses that are you know answering that question you know if

rationale because variable so you understand exactly what is going on and

you're just figuring out and following the data versus just randomly

testing things so if you're following the data and testing for removing of the

friction points and testing to improve your average order values and being

strategic about some of those elements and just helping those visitors to find

that next step and step all the way through the shopping behavior and

getting to the end goal that you want to achieve you should see some marginal

improvement if you're testing the right things now on the other side of it if

you're going through and testing and you're not seeing the improvement that

you're looking for say you've conducted five or so experiments or six or seven

experiments and you're just not seeing those you know 10 plus percent

improvements then chances are you are testing the wrong elements or you're

testing the wrong things and you're not asking the right questions and you're

not really identifying with what the visitors are at so then you need to go

back and actually look at your data again and create a new experiment plan

or create a new set of ideas to understand if we get stalled on a

particular client campaign hey we've seen some improvement for a

couple months and just things aren't the few tests we immediately kind of go hey

all hands on deck we do some user testing we do some exit polling we bring

everybody in and sit it down bring it up under the big screen and understand

what's going on on the site and look at the test ideas what we've ran the

results that have come in and really just try to figure out where we need to

steer the ship and see those bigger improvements again so we always just

revisit it and so often people get stuck on just testing a bunch of random ideas

and going down a list but if you're following the data you're learning from

every test even if it's a loser maybe iterate on it and retest then

you're gonna see more improvements faster so follow your data understand

what's going on don't let too long go by without testing or revisiting your test

and understanding and asking those right questions and at the same time be

patient we live in this very instant gratification world and optimization is

a long game you're going to see X growth from conversion optimization and

split testing but you need to be patient in the process and don't get discouraged

if you get a few losers out of the gate and then just give up on it or push it

down the priority list from there so hopefully you enjoyed this video and you

got a few valuable tips be sure to LIKE share comment subscribe and we'll talk

to you again on another video thanks