Section 271(f) Does Not Apply to Method Patents

Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., Nos. 2007-1296, -1347 (Fed. Cir. Aug. 19, 2009) (en banc):

Holding:

“Section 271(f) does not apply to method patents.” Slip op. at 29.

Notes:

“In sum, the language of Section 271(f), its legislative history, and the provision’s place in the overall statutory scheme all support the conclusion that Section 271(f) does not apply to method patents.” Slip op. at 29.

Section 271(f):

(1) Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention, where such components are uncombined in whole or in part, in such manner as to actively induce the combination of such components outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.

(2) Whoever without authority supplies or causes to be supplied in or from the United States any component of a patented invention that is especially made or especially adapted for use in the invention and not a staple article or commodity of commerce suitable for substantial noninfringing use, where such component is so made or adapted and intending that such component will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.