Eolas Technologies, Inc. v. Microsoft Corp.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

In this patent infringement case, Microsoft moves to bar plaintiffs from seeking damages on units of Windows with Internet Explorer produced and sold outside the United States if plaintiffs prevail on the merits.

The question of whether the accused product is “made” here has been long debated in this case. There is no clear governing precedent. I examine existing law to discern what constitutes “made” in the present context.

The two provisions of 35 U.S.C. § 271 that are applicable to this question are Sections 271(a) and (f). Under Section…