“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)

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“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


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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