Gil, Sammy refered their protected (non-US) sales as "grey market" sales. According to the article posted by DABOSS earlier, the grey market funnels brand name products into the US through discount retailers. Sammy contends in their pleading that they sell to european (say non-US) outfit who then import and sell infringing products, without their knowledge or consent.

This grey market would seem to include the internet, if the original purchaser was outside of the US, reselling to consumers in the US.

Either way the argument is weak, any company could get around any patent by reselling through an uninterested third party.

Skreal