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Closing One Loophole And Opening Another: Why Section 271(F) Patent Infringement Should Apply To Method Patents After Cardiac Pacemakers, Michael Silhasek
Closing One Loophole And Opening Another: Why Section 271(F) Patent Infringement Should Apply To Method Patents After Cardiac Pacemakers, Michael Silhasek
San Diego Law Review
This Comment will address the applicability of § 271(f) to method patents compared with other patented inventions-machines, manufactures, and compositions of matter. Part II will briefly discuss the primary purpose of the infringement statute, which is to encourage inventive action by granting rights to a patent holder. Part III will discuss the history of § 271(f) and the section's applicability to process patents. The Federal Circuit questioned the section's applicability to method patents, then affirmed it, then questioned it again, and then, most recently, rejected it. Part IV will examine other foreign activity that could lead to domestic infringement. Part …