Supreme Court to Patent Holders: Sell Product Anywhere, Exhaust Patent Rights Everywhere

Posted In IP Antitrust

Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (2) whether the sale occurred within the United States.

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AvatarJames Camden






Michael O'ShaughnessyMichael O'Shaughnessy
Michael V. O'Shaughnessy focuses his practice on patent litigation and appeals. He has handled numerous matters in a variety of technologies, including the pharmaceutical, biotechnology, medical, chemical and automotive fields. He has broad experience in all aspects of patent litigation, including conducting pre-litigation investigation and evaluation, drafting claim construction and summary judgment motions, examining and cross-examining fact and expert witnesses, and managing day-to-day litigation activities. Read Michael V. O'Shaughnessy's full bio.


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