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U.S. Supreme Court Denies NineStar’s Petition

International Patent Exhaustion

The Supreme Court has denied NineStar’s petition for writ of certiorari in its bid to change the law of international patent exhaustion. The non-decision leaves simmering the apparent conflict between the Federal Circuit’s recent patent decisions (rejecting international exhaustion of patent rights) and the Supreme Court’s recent copyright decision in Kirtsaeng (finding international exhaustion of copyrights). 

Although the Federal Circuit’s own internal rule requires an en banc hearing to overturn its own precedent. That rule can be set aside when, as here, the Supreme Court calls-to-question prior precedent.  It appears that NineStar’s appeals have been exhausted, but the next-up challenger will have a good shot (depending upon the panel assigned).

Justices Surprise Attys By Rejecting Patent 1st-Sale Case
Law360, New York — Days after holding that the first-sale rule in copyright law applies to products made outside the U.S., the U.S. Supreme Court surprised observers Monday by refusing to weigh in on whether the same is true in patent law. The issue is certain, however, to resurface in a future patent case, attorneys say.

The high court rejected an appeal by printer cartridge maker Ninestar Technology Co. Ltd., which sought review of a standard holding that only initial sales within the U.S. can exhaust patent rights. The Federal Circuit…

To view the full article, take a free trial now/ Click on this link  : http://www.law360.com/appellate/articles/426981/justices-surprise-attys-by-rejecting-patent-1st-sale-case

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March 28, 2013 at 9:32 AM