Intellectual PropertyAnthony S. Volpe, The Legal Intelligencer
Monsanto Does Not Change Rules of Patent Exhaustion
The recent U.S. Supreme Court decision in Bowman v. Monsanto, No. 11-796,was limited to the specific facts and was tailored to avoid the issue of post-sale exhaustion. The classic view of post-sale exhaustion holds that a patentee loses the right to control the disposition of a patented item once the patentee has gained the benefit of the patented invention through a sale.