Federal Circuit: Unquantified Infringement == No Infringement
Patent – Patently-O 2017-11-28
Summary:
Life Techs. Corp. v. Promega Corp. (Fed. Cir. 2017) Normally, patent infringement liability stems from an infringer using all-elements of a claimed invention. However, a quirky provision found in 35 U.S.C. 271(f)(1) creates liability for exporting some components of a patented invention. Particularly, the statute requires export/supply of “a substantial portion of the components.” In its 2017 Life Tech decision, the Supreme Court interpreted […]