COMMENT: Lost in Translation: How Practical Considerations in Kirtsaeng Demand International Exhaustion in Patent Law

Dustin Knight 

 

The right of exclusivity powers the engines of innovation within the United States. Patent law is designed to reward the inventor with a monopoly over his or her creation. The scope of the monopoly a patent holder enjoys, however, has historically been limited in time and space to control its anticompetitive effect. The exhaustion doctrine is a key tool used by courts to police this effect and protect consumers.

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