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Intellectual Property

Mar. 2, 2017

Ruling limits extraterritorial reach of US patents

The question before the Supreme Court was whether the supply of a single component of a multicomponent product constitutes "a substantial portion" of the patented invention. By Aaron Capron and Arpita Bhattacharyya

Aaron Capron

partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

intellectual property

3300 Hillview Ave
Palo Alto , CA 94304-1203

Phone: (650) 849-6680

Fax: (650) 849-6666

Email: aaron.capron@finnegan.com

Santa Clara Univ School of Law

Aaron Capron is a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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By Aaron Capron and Arpita Bhattacharyya

With its latest patent-related decision in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court addressed the extraterritorial reach of U.S. patents under 35 U.S.C. Section 271(f)(1). While U.S. patent rights are generally limited to activities occurring only in the territory of the United States, Section 271(f)(1) provides an exception to this general rule by permitting U.S. patent p...

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