In most cases, a patent holder's right to collect damages
and exclude others from practicing the claims of a U.S. patent
stops at the border. Accordingly, the vast majority of patent
litigation involves alleged infringing activity and sales within
the U.S.
Patent owners, therefore, may overlook theories of liability and
damages for foreign activity that are available under the Patent
Act and recent case law. Moreover, because cases focusing on
foreign activity are less common, the jurisprudence is less
settled. This article looks at several issues unique to foreign
activities and examines recent district court activity relating to
those issues.
Alleging Infringement for Exporting Software Under Section
271(f)
