Where To Bring Process Claims: Hints From Sucralose
July 10, 2013, 11:41 AM EDT
Law360, New York (July 10, 2013, 11:41 AM EDT) -- Your company holds U.S. patents that protect a process for making solar panels. Your company has just discovered that another company is practicing your patented process in Singapore and is importing the solar panels into the United States. Can you obtain damages from the infringing importer? Yes.
According to the patent statute, an importer of products made outside of the United States by a process that is patented in the United States may be liable for infringement. 35 U.S.C. §271(g). Infringement allegations under this statute are...