How To Determine Where 'Offer To Sell' Is Made

Law360, New York (October 5, 2012, 6:46 PM EDT) -- Offer-to-sell liability under U.S. patent laws has not historically been a topic of much discussion among patent litigators. See 35 U.S.C. § 271(a) (“whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, …, infringes the patent.”). Perhaps this is because reasonable royalty damages are difficult if not impossible to measure in the offer context (what would one pay in a hypothetical negotiation for a license to offer an infringing device for sale but not actually sell it)....
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