MoFo IP Newsletter - April 2017

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...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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