Intellectual Property

Monsanto Does Not Change Rules of Patent Exhaustion

, The Legal Intelligencer


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.

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