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
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...
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