High Court Could Force 1st-Sale Redo At Fed. Circ.

Law360, New York (March 20, 2013, 8:26 PM EDT) -- The Federal Circuit could soon be forced to reverse its long-standing position that patent owners can block the resale of patented goods made outside the U.S., after the U.S. Supreme Court reached the opposite conclusion in a copyright case Tuesday, attorneys say.

The high court did not discuss patent law when it ruled in Kirtsaeng v. John Wiley & Sons that the first-sale doctrine in copyright law applies to goods made abroad. However, the idea that an initial sale exhausts a rightsholder's ability to control further...
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