Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods -
On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). See Life Techs. Corp. v. Promega Corp., 580 U.S. __ (2017). This ruling curbs the extraterritorial reach of U.S. patent law and provides increased certainty for U.S. producers, which can now export a single component of a foreign-manufactured, multicomponent patented product without running afoul of § 271(f)(1).
LIABILITY UNDER 35 U.S.C. § 271(F)(1) -
While the Supreme Court has recognized a presumption against extraterritoriality with respect to U.S. patent law,1 35 U.S.C. § 271(f)(1) contemplates some level of foreign activity contributing to infringement liability in the United States...
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