On remand from the Supreme Court of the United States, the US
Court of Appeals for the Federal Circuit affirmed a district court
decision granting defendant's motion for judgment as a matter
of law (JMOL) that patent owner failed to prove its infringement
case under 35 USC §§ 271(a) and 271(f), and denying
plaintiff's motion for a new trial on damages and infringement.
Promega Corp. v. Life Technologies Corp., Case Nos.
13-1011; -1029; -1376 (Fed. Cir., Nov. 13, 2017) (Chen, J).
This case generally concerns genetic testing kits assembled in
the United Kingdom and sold by Life Technologies. The kits
comprised five components, at least one of which was supplied from
the United States. Promega, the exclusive licensee of a patent
claiming methods and kits for analyzing DNA, sued Life Technologies
for infringement, seeking damages. The Federal Circuit initially
found that all of the accused products were infringing under §
271(f)(1). However, on review, the Supreme Court
