The court granted defendant's post-trial motion for judgment as a matter of law that certain method claims were not infringed because one or more steps were performed outside the United States. "The asserted claims relate to a method of manufacture and not to an accelerometer or other apparatus which measures a characteristic of motion. The accused process is, therefore, the process employed to manufacture the digital seismic units ('DSUs'). . . . A sale of a product made by a patented process does not itself infringe the patent; it is the unauthorized use of the process that infringes the patent. . . . It is undisputed that the DSUs are manufactured in France by [defendant]. . . . [Further], to the extent that some of the steps of the accused method are performed in the United States, there is no evidence that the entire process is practiced in the United States, which is required by § 271(a)."
Input/Output, Inc. et al v. Sercel, Inc., 5-06-cv-00236 (TXED September 16, 2010, Order) (Folsom, J.)
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