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Expert Analysis

Downstream Customers Will Face Increased Patent Suit Risk

By Zachary Silbersher ( October 30, 2019, 5:41 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit's current interpretation of a "sale" and "offers to sell" under 35 U.S. Code Section 271(a) has permitted vendors that supply components for end products destined for the United States to directly market to and compete for a share of the U.S. market, but simultaneously avoid liability for patent infringement by offshoring all manufacture and delivery of their products....

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