On March 25, 2013, the United States Supreme Court denied certiorari in Ninestar Technology Co. v.United States International Trade Commission. The Court could have taken the case and addressed the issue of whether or not its recent ruling in Kirtsaeng v. John Wiley & Sons (holdng that the copyright first sale doctrine applies to foreign sales of legitimate foreign-manufactured works) also applies to the doctrine of patent exhaustion as it relates to initial sales of patented goods in foreign jurisdictions. The current rule, holding that the common law doctrine of patent exhaustion applies only to initial sales in the U.S., is found in the 2001 opinion of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. United States International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001).
Most practitioners believe that it is only a matter of time before the CAFC revisits this issue in light of the Kirstaeng ruling.