Extraterritorial Effects Of U.S. Patents

Law360, New York (June 27, 2006, 12:00 AM EDT) -- I. Introduction

Infringement of a United States (U.S.) patent generally results from making, using, selling or offering to sell in the U.S., or importing into the U.S. products (or services) covered by the patent. 35 U.S.C. §271(a). When an activity occurs entirely outside of U.S. borders, there is no infringement under § 271(a). However, some activity outside the U.S. can result in infringement of a U.S. patent. Two relatively recent cases, NTP, Inc. v. Research In Motion, Ltd. and Eolas Technologies, Inc. v. Microsoft Corp., illustrate...
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