How Far is Too Far? The United States Supreme Court Restrains the Extraterritorial Reach of 35 U.S.C. § 271(f) Over Software Exports in Microsoft Corp. v. AT & T Corp., 127 S. Ct. 1746 (2007)

Authors

Stephanie N. Mahlin, University of Nebraska College of Law

Abstract

This Note addresses whether Congress should impose patent infringement liability on U.S. companies that export software on golden master disks when the software is used to make and sell a U.S. patented invention in foreign countries. Part II of this Note focuses on the significant role of the presumption against extraterritoriality in statutory interpretation, the history of section 271(f) along with a discussion of the application of the section to software exports by the Federal Circuit, and the Supreme Court's opinion in Microsoft Corp. v. AT & T Corp. Part III discusses why Congress should maintain section 271(f) in its current form and not expand it to impose liability for software exported on golden master disks. Finally, Part IV of this Note concludes that Congress should not respond to Microsoft Corp. v. AT & T Corp. as it did to Deepsouth.

Recommended Citation

Stephanie N. Mahlin, How Far is Too Far? The United States Supreme Court Restrains the Extraterritorial Reach of 35 U.S.C. § 271(f) Over Software Exports in Microsoft Corp. v. AT & T Corp., 127 S. Ct. 1746 (2007), 87 Neb. L. Rev. (2008)
Available at: https://digitalcommons.unl.edu/nlr/vol87/iss1/6