Justices Surprise Attys By Rejecting Patent 1st-Sale Case

Law360, New York (March 25, 2013, 8:14 PM EDT) -- Days after holding that the first-sale rule in copyright law applies to products made outside the U.S., the U.S. Supreme Court surprised observers Monday by refusing to weigh in on whether the same is true in patent law. The issue is certain, however, to resurface in a future patent case, attorneys say.

The high court rejected an appeal by printer cartridge maker Ninestar Technology Co. Ltd., which sought review of a standard holding that only initial sales within the U.S. can exhaust patent rights. The Federal Circuit...
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