Supreme Court expands domestic patent exhaustion
In an earlier post, I explained how the Supreme Court expanded international patent exhaustion in Impression Products, Inc. v. Lexmark International, Inc. But the Supreme Court also expanded domestic patent exhaustion. Federal Circuit precedent required an authorized sale in the United States for patent exhaustion to apply. Thus, a patentee could avoid exhausting its patent rights by selling its products outside the US or restricting the right of resale. Lexmark implemented b