CAFC Refuses to Hear Case Export of Patented Processes

Union Carbide v. Shell Oil (Fed. Cir. 2006)

The CAFC has again decided that it is not ready to sort-out questions of extraterritorial application of the U.S. patent laws.  Here, the appellate body has rejected Shell’s bid for a rehearing en banc.

Dissenting from the opinion, Judges Lourie, Linn and Chief Judge Michel argued that the court should reconsider whether Section 271(f) of the Patent Act applied to process inventions.