August 18, 2010 14:11 Age: 4 yrs

Professor Holbrook Cited by U.S. Court of Appeals for the Federal Circuit

By: Holbrook, Timothy

The U.S. Court of Appeals for the Federal Circuit, the appellate court that hears all appeals arising under the U.S. patent laws, favorably cited the work of Emory Law Professor Timothy Holbrook. Professor Holbrook's article, "Liability for the “Threat of a Sale”: Assessing Patent Infringement for Offering to Sell an Invention and Implications for the On-Sale Patentability Bar and Other Forms of Infringement," 43 SANTA CLARA L. REV. 751 (2003), explored the contours of this relatively new form of infringement.

The case, Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., addressed the issue of what constitutes infringement of a U.S. patent for "offering to sell" the invention and, specifically, whether an offer made outside of the United States could constitute an act of infringement of a U.S. patent. The Federal Circuit held that such offers could be infringing as long as the contemplated sale would occur within the United States.

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