Reach-Through Royalties as a Solution to the Post-Quanta Exhaustion Problem for Biotech Research Tools

Most biotech reach-through royalties involve only a license to "use." The focus of this article is on a rarer breed: sales of patented products, the use of which is also subject to a license which is enforceable through an infringement suit. Under the doctrine of patent exhaustion, such a situation may seem impossible. However, there is at least one accepted situation in which such a license is enforceable under patent law, and I argue that reachthrough royalties, while generally considered enforceable under contract law, should be another