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Couldn't find the vote without teasing it out of the text -

It was an 8-0 decision, with a minor dissent from Ginsburg on what happens when a product is sold in a foreign territory.




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.


They 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.




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