要适用修正的国际穷尽原则,即除非存在明确的区域销售限制,只要商品是由美国的专利权人首次销售,或者授权销售,权利人的权利即告穷尽,专利商品的平行进口应被允许。但这一态度在2001年裁定的Jazz Photo案中发生了改变。根据美国联邦巡回上诉法院的判决,对于首次销售行为发生在 The amended international exhaustion principle applies. Unless there is a clear regional sales restriction, the parallel importation of patented goods should be allowed as long as the goods are first sold by a patentee in the United States, or the sale is authorized and the rights of the obligee are exhausted. However, this attitude changed in the Jazz Photo case adjudicated in 2001. According to the judgment of the U.S. Court of Appeals for the Circuit, the first sale occurred