Life Technologies Corp v. Promega Corp, U.S. No. 14-1538, amicus brief filed 9/8/2016 September 8, 2016

File Downloads

All documents are in PDF format.

Patent infringement liability under 35 U.S.C. §271(f)(1) for supplying a “substantial portion of the components” of the invention may be established by supplying a single component that is crucially important to a multi-component invention, AIPLA argued to the Supreme Court in a brief filed September 8, 2016.

According to the brief, a quantitative-only approach to § 271(f)(1) could not only create liability for an accused infringer who supplies multiple but relatively unimportant components, but could also excuse one who supplies a single, “substantial,” and indispensable component. While the statutory language and legislative history support a primarily qualitative analysis, the number of supplied components may well be an important consideration. However, the determination of whether supplied component(s) are a “substantial portion of the components of a patented invention” should be assessed based on the importance of the supplied components to the overall invention as determined by considering the disclosure of the specification.

Upcoming Events

  • Partnering in Patents - Mechanical Arts

    November 13, 2024 8:30 AM to 4:45 PM   |   No CLE

    Learn and share ideas about mechanical disciplines at the Technology Centers (TC) 3600 and 3700 and American Intellectual Property Law Association (AIPLA) Customer Partnership Meeting on Wednesday, November 13, from 8:30 a.m. to 4:45 p.m. ET, at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. The meeting will feature perspectives from USPTO examiners, practitioners, and the industry, focusing on better examiner-practitioner interactions for high-quality patents. We'll address topics such as: Artificial intelligence (AI) subject matter eligibility USPTO search tools Drafting patent specifications Approaches to examiner interviews in the mechanical arts
  • 2025 Leadership Forum

    January 29 to 30, 2025

    AIPLA Leadership Forum – Elevate Yourself, Inspire the Future. This invitation-only two-day program will address building strong leadership skills for all levels of experience. More details coming soon.
  • 2025 AIPLA Spring Meeting

    May 13 to 15, 2025

    Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.