On Thursday the SCOTUS issued its opinion in Life Technologies Corp. v Promega Corp. Below is an excerpt from the Court’s Syllabus, and the full opinion is attached here 14-1538_p8k0
Congress enacted §271(f) …to fill a gap in the enforceability of patent rights by reaching components that are manufactured in the United States but assembled overseas. Consistent with Congress’s intent, a supplier may be liable under §271(f)(1) for supplying from the United States all or a substantial portion of the components of the invention or under §271(f)(2) for supplying a single component if it is especially made or especially adapted for use in the invention and not a staple article or commodity.
But, as here, when a product is made abroad and all components but a single commodity article are supplied from abroad, the activity is outside the statute’s scope.
