Brief Amicus Curiae of Professor Timothy R. Holbrook in Support of Petitioner, No. 14-1538, Life Techs. Corp. v. Promega Corp., U.S. Supreme Court

Abstract

This Court has made clear that, absent a clear expression from Congress, U.S. laws do not apply extraterritorially. The Court has noted that the presumption against extraterritoriality has particular force in the context of patent law. The Federal Circuit has given short shrift to this argument. This case presents the opportunity for the Court to strike the appropriate extraterritorial reach for a U.S. patent under 35 U.S.C. § 271(f) and to signal to the Federal Circuit to take the presumption against extraterritoriality seriously.

Keywords: patent, extraterritoriality, 35 U.S.C. 271(f); promega; Life Technologies; presumption