CAFC Theory of First-Sale and Patent Exhaustion Gets Cert.

As if the Supremes hadn’t heard enough patent cases to span a lifetime tenure, now, cert was granted to review Quanta v. LG.  The petitioned argued that the CAFC has been making law rather than following Supreme Court precedent.

More to come on this, but this September my bets are against patentees in the CAFC, and against the CAFC in cases reviewed by the Supremes.