May 1, 2017
International Supply Chains and U.S. Patent Litigation: Supplying a Single Component of a Multi-Component Invention
Financier Worldwide Magazine
Section 271 (f)(1) of the U.S. Patent Act enforces patent rights even if it is only one component of a multi-component invention. In Life Technologies et al. v Promega Corp., the Supreme Court ruled that a "substantial portion" of the components on an invention refers to a quantitative measure. With that approach, a single component, could not constitute a "substantial portion" because of Section 271(f)(1) liability. Similar to Life Technologies, an assessment of Section 271 (f)(1) should be fulfilled to become aware if it may affect your business.