Microsoft v. AT&T
Encyclopedia
Microsoft v. AT&T, 550 U.S. 437
(2007), was a United States (U.S.) Supreme Court
case that restricts the extraterritorial reach of U.S. patent law. A section of U.S. patent law, (f), lets the holder of a U.S. patent
block the export
from the U.S. of components that can be assembled to produce a device which violates that patent, even though the patent is not enforceable in the place where that assembly takes place. The court held that a master software disk that is exported and then used to install software at the point of assembly is not a component within the meaning of the law.
In accordance with the general principle that U.S. law stops at U.S. borders, the ruling effectively prevents holders of U.S. software patent
s from enforcing those patents in other countries unless they hold a valid patent there.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2007), was a United States (U.S.) Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that restricts the extraterritorial reach of U.S. patent law. A section of U.S. patent law, (f), lets the holder of a U.S. patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
block the export
Export
The term export is derived from the conceptual meaning as to ship the goods and services out of the port of a country. The seller of such goods and services is referred to as an "exporter" who is based in the country of export whereas the overseas based buyer is referred to as an "importer"...
from the U.S. of components that can be assembled to produce a device which violates that patent, even though the patent is not enforceable in the place where that assembly takes place. The court held that a master software disk that is exported and then used to install software at the point of assembly is not a component within the meaning of the law.
In accordance with the general principle that U.S. law stops at U.S. borders, the ruling effectively prevents holders of U.S. software patent
Software patent
Software patent does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a "patent on any performance of a computer realised by means of a computer program".In 2005, the European Patent Office...
s from enforcing those patents in other countries unless they hold a valid patent there.
See also
- Software patentSoftware patentSoftware patent does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a "patent on any performance of a computer realised by means of a computer program".In 2005, the European Patent Office...
- PatentPatentA patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
- List of United States Supreme Court cases, volume 550
- List of United States Supreme Court cases
External links
- [ Supreme Court's PDF transcript of the oral arguments in Microsoft v. AT&T]
- [ Supreme Court 'Slip Opinion Syllabus' of Microsoft v. AT&T]
- "Justices reject arguments by AT&T to hold the software company (Microsoft) liable for patent infringement on copies of Windows sold overseas." CNN report of the decision
- "Supreme Court sides with Microsoft in AT&T case". Computerworld report of the decision
- Groklaw discussion of the decision