The Laitram Corporation v. Deepsouth Packing Co., Inc.

CLARK, Circuit Judge:

We have held this day in a companion case, Laitram Corp. v. Deepsouth Packing Co., Inc., 443 F.2d 928, that the district court was correct in determining that Laitram’s patents were valid, and that Deepsouth had infringed Claim 3 of the ’218 patent and Claim 1 of the ’927 patent. Our present problem is to decide whether Deepsouth may sell its infringing machine in foreign markets when it produces all essential parts of the machine in the United States but ships it in a form which contemplates minor final assembly in such foreign markets. We hold it may not.

35 U.S.C.A. §…