The recent U.S. Supreme Court decision in Bowman v. Monsanto, No. 11-796,was limited to the specific facts and was tailored to avoid the issue of post-sale exhaustion. The classic view of post-sale exhaustion holds that a patentee loses the right to control the disposition of a patented item once the patentee has gained the benefit of the patented invention through a sale.
As a result of exhaustion, the purchaser has the right to sell or repair the patented item without interference from the patentee. However, the owner does not have the right to reconstruct or repair a spent device that incorporates the invention so extensively that it creates a "new" device that embodies the invention.
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