High Court Likely To Look At Scope Of US Patent Law Abroad

Law360, New York (May 5, 2016, 4:35 PM EDT) -- Jerry O'Neil

Kurt Lockwood With Life Technologies Corp. v. Promega Corp., 773 F.3d 1338 (Fed. Cir. 2014), pending certification,[1] the Supreme Court is poised to take up another case addressing the extraterritorial reach of U.S. patent law. The general issue is the proper scope of induced infringement of a U.S. patent arising from extraterritorial activity under 35 U.S.C §271(f)(1). In particular, the reaction has been to question whether the Federal Circuit's statutory interpretation goes too far in holding that supply overseas to one's own foreign subsidiary of a single component of a patented kit establishes liability for foreign sales under §271(f)(1)....

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