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ARTICLE · 27 JUNE 2016

Supreme Court Docket Report - June 27, 2016

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Patent Act—Infringement by Exportation of Components

United StatesIntellectual Property

Today, the Supreme Court granted certiorari in one case of interest to the business community:

Patent Act—Infringement by Exportation of Components

Life Technologies Corp. v. Promega Corp., No. 14-1538

A U.S. patent typically does not protect an inventor from the manufacture and use of his invention abroad.  But Section 271(f) of the Patent Act provides that it is infringement to export from the United States a "substantial portion" of the unassembled components of a patented invention "to actively induce the combination of such components outside of the United States."

Today, the Supreme Court granted certiorari to consider whether Section 271(f) prohibits the exportation of a single component of a patented invention if the component is a commodity that is suitable for non-infringing use.  The Court will review the Federal Circuit's determination that a single, commodity component can violate Section 271(f) if the component is a sufficiently important part

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