On Oct. 27, 2006, the Supreme Court granted certiorari in Microsoft Corp. v. AT&T Corp. (No. 05-1056), preparing to elucidate the contours of patent infringement under 35 U.S.C. '271(f) as applied to the exportation of software code.
Is Software a Section 271(f) 'Component' of a Patented Invention?
On Oct. 27, 2006, the Supreme Court granted certiorari in <i>Microsoft Corp. v. AT&T Corp.</i> (No. 05-1056), preparing to elucidate the contours of patent infringement under 35 U.S.C. §271(f) as applied to the exportation of software code. This case marks the first time in the 22 years since Congress enacted the provision that the Court will venture into this area. The outcome may have significant ramifications for the software industry because §271(f) was widely assumed to apply only to the tangible components of a physical machine. If §271(f) applies equally to software, then software companies will need to rethink their exposure to liability when exporting software abroad. Liability under §271(f) may extend beyond the initial act of exporting and further include downstream activities, such as copying and installing that are done entirely outside of the United States.
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