BREAKING: High Court Reins In Patent Owners’ Post-Sale Power

By Ryan Davis

Law360, New York (May 30, 2017, 10:32 AM EDT) -- The U.S. Supreme Court decided Tuesday to limit the ability of patent owners to control the use of patented products once they are sold, throwing out two Federal Circuit rules that kept some patent rights in place even after sales.

The Supreme Court has ruled that post-sale restrictions on patent use are not allowed and that patent rights are exhausted once a product is sold anywhere in the world, throwing out previous Federal Circuit rulings on the matter.