Patents are generally considered to be the most territorial of all the various forms of intellectual property. Even patent law, however, has confronted issues involving the application of a U.S. patent to extraterritorial activity. The Supreme Court has expressed an interest in both issues –...

In order to comport with our obligations under the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), Congress made it an act of infringement to "offer to sell" a patented invention. Prior to TRIPS, a party could infringe a patent under 35 U.S.C. § 271(a) only by making,...