It’s [NOT] Extraterritorial.

MediaTek Inc. v. Freescale Semiconductor, Inc., Case No. 11-cv-5341-YGR (Judge Rogers)

We all know that United States patent law is not supposed to extend to wholly extraterritorial acts of infringement – that is, acts of infringement that occur entirely outside the United States.  See 35 U.S.C. § 271(a). So what happens when the accused infringing components were manufactured outside the United States, sold to a manufacturer outside the United States, and incorporated by that manufacturer into a product outside the United States?  On the face of it, doesn't that seem like a classic example of extraterritorial infringement outside the scope of the United States patent laws? Not necessarily.  At least not if the contract governing the sales of the accused components was negotiated and executed in the United States, according to Judge Rogers.