Today, the U.S. Supreme Court granted certiorari in Life Technologies Corp. v. Promega Corp., and will review whether the Federal Circuit erred in holding that supplying a single, commodity component of a multi-component invention from the United States exposes the supplier to U.S. patent liability for the full selling price of all worldwide sales of the entire multi-component product.
Carter Ledyard client Agilent Technologies had filed an amicus brief in support of the appeal, explaining the practicalities of the complex global manufacturing operations and sophisticated supply chain management systems that are the norm today, and the severe implications for U.S. manufacturers from the Federal Circuit’s expansive reading of the law. In May, the U.S. Solicitor General joined in the request for an appeal on this point, noting many of the same concerns raised by Agilent. The case will be scheduled for the October 2016 term.
Carter Ledyard partner John M. Griem, Jr. is counsel of record for Agilent and counsel Judith Wallace assisted on the brief.