Downstream Customers Will Face Increased Patent Suit Risk

Law360 (October 30, 2019, 5:41 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit's current interpretation of a "sale" and "offers to sell" under 35 U.S. Code Section 271(a) has permitted vendors that supply components for end products destined for the United States to directly market to and compete for a share of the U.S. market, but simultaneously avoid liability for patent infringement by offshoring all manufacture and delivery of their products.

This has arguably been a boon for these vendors. Yet, it may also lead to an unintended consequence. Downstream customers from these vendors are likely to bear the brunt of defending more patent suits...

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