Also IANAL, so this is purely conjecture, but I don't think it would be deemed illegal in the US. We already have DRM on ebooks / music which prevent us from effectively reselling those products and that hasn't been deemed illegal yet. In fact, the DMCA instead makes it illegal to remove that copy protection for personal use, let also for reselling purposes.
That said, the patent wouldn't disallow reselling the disc. It would just make the resold disc ineffective.
I have a theory that it's impossible to prove anything, but I can't prove it.