“Construing ‘Offers to Sell’ Patent Infringement: Why Economic Interests Rather than Territoriality Should Guide the Construction”

Rex W. Miller, II is the author of this article from the Ohio State Law Journal on The Supreme Court’s decision in Microsoft Corp. v. AT&T Corp., and how likely it is to bring the issue of territoriality to the forefront of many patent law debates. One debate that has already been influenced by the Microsoft decision relates to the scope of “offers to sell” infringement liability. The issue that both courts and commentators have grappled with is whether an offer made in the United States to sell a patented invention in a foreign country constitutes an act of infringement.

Rex W. Miller, II is an associate and a Registered Patent Agent with a technical background in electrical engineering. He practices in the Intellectual Property group focusing on the protection of intellectual property rights through patents, trademarks, and trade secrets. Rex has experience in patent prosecution, including interviewing inventors, drafting applications, and responding to office actions. He prepares and prosecutes U.S. and foreign patent and trademark applications, including full coordination with clients and foreign counsel.

To read the entire Ohio State Law Journal article, please click the link below: