Tuesday, January 27, 2009

For Infringement Under 35 U.S.C. § 271(f)(2), Components Must Be Especially Designed For The Patented Invention, Not Just The Accused Product

The court denied plaintiff's motion to compel defendant's worldwide sales data and rejected plaintiff's argument that such information was relevant under 35 U.S.C. § 271(f)(2) because the accused product, although manufactured outside the United States, incorporates components that are especially designed for the accused products and supplied from the United States. "Section 271(f)(2) applies only to a 'component of a patented invention that is especially made or especially adapted for use in the invention.' Just because the [components] at issue are part of the accused control panel, or even interact with the accused instrumentality that is alleged to be covered by the claims of the [patent-in-suit], these electronics do not become 'components of the invention' covered by the patent claims."

Paradox Security Systems, Ltd. v. ADT Security Services, Inc., 2-06-cv-00462 (TXED January 23, 2009, Order)

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