Software Exportation Dodges Bullet: US Supreme Court Reins in Extraterritorial Effect of US Software Patents in Microsoft v AT&T

摘要

To what extent may software be protected by US patent law following its export abroad? The United States Supreme Court addressed this question, focusing on whether software may properly be considered a "component" under United States Code 35 USC §271 (s.271(f)). In a 7-1 decision, the Court held that the statute does not impose liability on companies that supply software on master disks to foreign computer manufacturers who copy the software and install it on computers in a way that would be infringing if performed in the United States.