Export Of Single Component Of Patented Combination Does Not Impose Liability Under § 271(f)(1)

PATENTS / § 271(F)(1)

Export of Single Component of Patented Combination Does Not Impose Liability Under § 271(f)(1)

In reversing the US Court of Appeals for the Federal Circuit, an essentially unanimous Supreme Court of the United States ruled that the "supply of a single component of a multi-component invention for manufacture abroad does not give rise to liability" under 35 USC § 271(f)(1). Life Technologies Corp. v. Promega Corp., Case No. 14-1538 (Supr. Ct., Feb. 27, 2016) (Sotomayor, Justice).

Promega's asserted patents related to DNA amplification kits. LifeTech's accused kit consisted of five components, including an enzyme called Taq polymerase that is essential to the operation of the kit. LifeTech manufactures Taq polymerase in the United States, then ships it to a facility in the United Kingdom for incorporation into the accused kit. The accused products are sold worldwide, including in the United States.