Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

Microsoft v. AT&T is a patent case.  In Microsoft v. AT&T, the issue was whether software sent from the United States for installation on foreign computers was considered a component. The Supreme Court decided that Microsoft was not liable. 

One exception is Section 271(f) of the Patent Act.  Adopted in 1984, Section 271(f) of the Patent Act provides that infringement does occur when one supplies from the United States, for combination abroad, a patented invention’s components.

The Supreme Court decided to restrict the global reach of US patent law. Usually, no infringement of a patent issued in the United States occurs when a patented product is made and sold in another country.

The software sent overseas was never installed on any of the foreign-made computers.  Copies made abroad were used for installation and became the components.  The copies were not covered by the Patent Act provision.