McDermott Will & Emery recently released a White Paper analyzing the rationale behind the enactment of 35 U.S.C. § 271(f) and its impact on patented inventions as the development of more advanced products and manufacturing techniques creates a new set of potential challenges.
For many years Congress and the courts have struggled to maintain the delicate balance between encouraging innovation via the patent laws on the one hand, and using those same laws to stifle the development and marketing of products in the United States on the other. A series of recent decisions from the U.S. Court of Appeals for the Federal Circuit demonstrate the difficulties the courts face in applying the patent laws to an increasingly digital world. These decisions, which will have an immediate impact on the U.S. software industry, will also be of interest to any U.S.-based company that uses offshore manufacturing facilities. This is particularly so given the increasing reliance on the use of software and/or digital information in manufacturing processes.Please click here to view the entire White Paper in Adobe PDF format.