3 ms·
Where did they land on the foreign territory scenario? I only saw that the lower courts thought foreign territories did not cause patent rights to expire.
by test6554 9y ago
Where did they land on the foreign territory scenario? I only saw that the lower courts thought foreign territories did not cause patent rights to expire.
- sbuttgereit 9y agoThey said those rights were exhausted as well. That was the point on which Ginsburg dissented; in my non-lawyerly paraphrasing it sounded as though she saw foreign patent law as something that could not be exhausted on the same grounds as domestic patent law (being foreign and all). I saw some citations of trade-treaties and such (Bern Convention) in her dissent, but didn't go farther. She joined on the the domestic point.