Supreme Court Reverses Federal Circuit on the Limits of Extraterritorial Infringement

  • February 24, 2017

The US Supreme Court has overruled the Federal Circuit on the issue of extraterritorial infringement through products with multiple components. Under 35 USC Section 271(f)(1), a company is liable for patent infringement for exporting “all or a substantial portion of the components of a patented invention” if the components are assembled abroad and if that combination would infringe within the United States. In Life Technologies v. Promega, the Federal Circuit held that a “single important component could constitute a ‘substantial portion’ of an invention” under that section of the statute (2013-1011, 2013-1029, 2013-1376). The Supreme Court reversed in a February 22 opinion authored by Justice Sonia Sotomayor, ruling that a “‘substantial portion’ . . . refers to a quantitative measurement” under which a single component cannot trigger Section 271(f)(1) liability (2014-1538).


View full article with free 30-day trial
($79/month thereafter)


  • Over 7,000 news articles covering new patent cases, key policy decisions, and USPTO assignments
  • Advanced custom alerts for campaigns and entities
  • Proprietary litigation timelines
  • Full access to Federal Circuit, PTAB, and ITC dockets
  • Judge, venue, and law firm analytics



×
×

Thank you for your feedback

×
×