Infringement Twice Removed: Inducement Of Patent Infringement For Overseas Manufacture Of Infringing Products Imported By Another

Authors

• Nicholas Oros

Abstract

Manufacturing a device in another country that infringes a United States patent is generally not a violation of United States patent law. However, if the device is then imported into the United States by another, the manufacturer may or may not be liable for inducement of patent infringement. This article explores inducement of infringement liability of foreign manufactures. First, inducement of infringement is defined and the sparse related case law is discussed. Then, a number of possible rules that courts could adopt to determine when foreign manufacturers should be liable are explored. The article concludes with a proposal that courts not find foreign manufacturers liable for patent infringement for two reasons. First, there is strong presumption against applying United States laws extraterritorially. Second, holding foreign manufacturers liable would disadvantage United States corporations who manufacture products overseas.

Recommended Citation

Nicholas Oros, Infringement Twice Removed: Inducement Of Patent Infringement For Overseas Manufacture Of Infringing Products Imported By Another, 10 Computer L. Rev. & Tech. J. 163 (2006)