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

17 Pages Posted: 12 Aug 2015

Date Written: August 11, 2015

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. ยง 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

Suggested Citation

Holbrook, Timothy Richard, 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 (August 11, 2015). Emory Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2642322 or http://dx.doi.org/10.2139/ssrn.2642322

Timothy Richard Holbrook (Contact Author)

Emory University ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-0353 (Phone)

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