This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Apr. 12, 2013

High court's first-sale ruling unlikely to impact patent exhaustion theories

Many were surprised that after Kirtsaeng, the Supreme Court denied a petition to review the Federal Circuit's ruling that patent exhaustion requires an authorized first sale in the U.S. By Gunnar Gundersen


By Gunnar Gundersen


Imagine if cheap generic drugs lawfully purchased abroad could flood the domestic market. For example, the Supreme Court of India recently invalidated the Indian patent covering Novartis' Gleevec cancer treatment, potentially opening the door to generic copies. If legal sales of generic Gleevec in India exhausted Novartis' U.S. patent rights it could drastically reduce the drug's cost to domestic consumers who could import the drug...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up