![handle is hein.journals/ujlt11 and id is 1 raw text is:
The Recent Expansion of Extraterritoriality in Patent Infringement Cases
By Katherine E. White*
ABSTRACT
The rapid pace of globalization has intensified the desire to expand the territorial
reach of United States law to determine patent infringement. In an unprecedented move,
the Federal Circuit, in AT&T v. Microsoft Corp., held that copying in a foreign country
software made in the United States infringed United States patents under United States
law. This decision holds a defendant liable for activity occurring entirely outside of the
United States. Perhaps, this case reflects aspects unique to the technological nature of
software. If so, this decision violates the fundamental principle that all forms of
invention are to receive the same treatment under the patent laws without discrimination.
INTRODUCTION
[11] The rapid pace of globalization has intensified the desire to expand the
territorial reach of United States law to determine patent infringement.1 Historically,
enforcement of patent rights was limited to infringement activity occurring solely within
Associate Professor of Law, Wayne State University (Detroit, Michigan), White House Fellow 2001-2002,
Special Counsel and Consultant to the Secretary of Agriculture, Ann M. Veneman; Regent, University of
Michigan; Member, Patent Public Advisory Committee 2000-2002, U.S. Patent and Trademark Office; Member,
Plant Variety Protection Board, U.S. Department of Agriculture, 2004-2008; Lieutenant Colonel, U.S. Army
Judge Advocate General's Corps., Princeton University, B.S.E. 1988; University of Washington, J.D. 1991;
George Washington University, LL.M 1996. Law Clerk, Honorable Randall R. Rader, U.S. Court of Appeals for
the Federal Circuit 1995 to 1996; Fulbright Senior Scholar, Max Planck Institute for Foreign and International
Patent, Copyright, and Competition Law, Munich, Germany 1999-2000.
1 See Eolas Techs., Inc. v. Microsoft Corp., 399 F.3d 1325 (Fed. Cir. 2005) (finding patent infringement
where exported software components were used solely abroad); see AT&T Corp. v. Microsoft, 414 F.3d
1366 (Fed. Cir. 2005) (holding that the foreign copying of U.S.-made software abroad a patent
infringement in the U.S.); see Union Carbide v. Shell Oil Co., 425 F3d 1366 (Fed. Cir. 2005) (holding
defendant's supplying of catalysts from the U.S. to foreign affiliates a patent infringement); see NTP, Inc. v.
Research in Motion, LTD., 418 F.3d 1282 (Fed. Cir. 2005) (finding patent infringement in the U.S. when
part of the patented system was located in Canada, a foreign country).](ViewImageLocal?handle=hein.journals/ujlt11&div=1&collection=&method=preview&ext=.png&size=3)
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