Supreme Court Rejects Federal Circuit’s Basis For Finding Infringement Liability For U.S. Exporters Under § 271(f)(1): Life Technologies Corp. et al. v. Promega Corp.

Fitzpatrick Case Update
February 22, 2017

The Supreme Court today reversed the Federal Circuit’s interpretation of an infringement liability statute in litigation over whether shipping a single component of a patented multi-component invention to be assembled overseas qualifies as an infringing act under 35 U.S.C. § 271(f)(1), and remanded the matter to the Federal Circuit.  In doing so, the Supreme Court clarified that § 271(f)(1) does not cover the supply of a single component of a multicomponent invention.

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