“Life Technologies Corp. et al. v. Promega Corp.”
IIC - International Review of Intellectual Property and Competition Law ,
Jul 2017
Life Technologies Corp. et al. v. Promega Corp. Patent Act, §271(f)(1)
A PDF file should load here. If you do not see its contents
the file may be temporarily unavailable at the journal website
or you do not have a PDF plug-in installed and enabled in your browser.
Alternatively, you can download the file locally and open with any standalone PDF reader:
https://link.springer.com/content/pdf/10.1007%2Fs40319-017-0610-1.pdf
“Life Technologies Corp. et al. v. Promega Corp.”
IIC
''Life Technologies Corp. et al. v. Promega Corp.''
D E C I S I O N
P A T E N T L A W United States
February
- Case No.
Life Technologies Corp. et al. v. Promega Corp.
Patent Act
1. The supply of a single component of a multicomponent invention for manufacture abroad does not give rise to the liability derived from §271(f)(1) of the Patent Act, which prohibits the supply from the United States of all or a substantial portion of the components of a patented invention. 2. Section 271(f)(1)'s phrase ''substantial portion'' refers to a quantitative measurement. Nothing in the neighboring text points to a qualitative interpretation, which would render the modifying phrase ''of the components'' unnecessary the first time it is used in §271(f)(1). 3. Under a quantitative approach, a single component cannot constitute a ''substantial portion''. Section 271(f)(1) consistently refers to the plural ''components,'' indicating that multiple components make up the substantial portion. A different interpretation would undermine §271(f)(2)'s express reference to a single component ''especially made or especially adapted for use in the invention.'' Available at https://www.supremecourt.gov/.
Multicomponent invention; Single component; Substantial portion; Quantitative interpretation; Supply of components; Qualitative interpretation
This is a preview of a remote PDF: https://link.springer.com/content/pdf/10.1007%2Fs40319-017-0610-1.pdf
Life Technologies Corp. et al. v. Promega Corp. Patent Act, §271(f)(1).
“Life Technologies Corp. et al. v. Promega Corp.” ,
IIC - International Review of Intellectual Property and Competition Law,
2017, 588-588, DOI: 10.1007/s40319-017-0610-1