US Supreme Court considers potential patent infringement liability for US exporters

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Source: Fitzpatrick, Cella, Harper & Scinto via internationallawoffice.com, 09.01.2017

On December 6 2016 the Supreme Court heard oral argument on the interpretation and application of 35 USC Section 271(f)(1) in Life Technologies Corporation v Promega Corporation.

At issue is whether the export from the United States of a single component of a patented multi-component invention, which is later assembled outside the United States, qualifies as an infringing act under 35 USC Section 271(f)(1).

US manufacturers and exporters are closely following this case, seeking clarity on how the courts will assess what constitutes a ‘substantial portion’ of an invention, what factors will be considered in this analysis and how the Supreme Court decision may affect their global business practices.

Source article here

 

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