If a US-based software developer distributes their application worldwide everywhere except the US, is the developer immune from infringement suites from patent trolls in the US? Does this affect their vulnerability and if so, how?
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Does the edit summarize what you are asking? All the stuff about publishing a checklist or not didn't seem relevant and made your question somewhat confusing as asked. Otherwise, feel free to roll back the edit– Robert CartainoFeb 7, 2019 at 22:23
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I wrote it that way because it's part of a "series" of questions and I was hoping that they would be associated and attract attention to each-other.– user21660Feb 7, 2019 at 22:25
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Consider adding it to the end of the question as background information, otherwise I just didn't get it. You're choice. Good luck!– Robert CartainoFeb 7, 2019 at 22:26
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As long as the title stays the same it's fine, thank you, its more concise.– user21660Feb 7, 2019 at 22:27
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You can link to the other related questions in this question and to this from them if it's crucial.– kodluMay 26 at 11:30
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1 Answer
Yes, You are an infringer under the statue USC 271(f) even if you dont supply for US market the statue language is quoted for your reference
(1) Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention, where such components are uncombined in whole or in part, in such manner as to actively induce the combination of such components outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.
(2) Whoever without authority supplies or causes to be supplied in or from the United States any component of a patented invention that is especially made or especially adapted for use in the invention and not a staple article or commodity of commerce suitable for substantial noninfringing use, where such component is uncombined in whole or in part, knowing that such component is so made or adapted and intending that such component will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.
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2This is interesting. If the software were sold from a ex-US distributor I'm wondering if the programming really counts as a component. The quotes sound like they apply to physical components shipped from the US for sale outside the US. In the case of software, the design is done in the US, but the actual media or code isn't shipped in the traditional sense. The US developer could even compile the code outside the US in which case nothing done in the US is actually contained in the product since compiled code is different than source code.– Eric S ♦Feb 12, 2019 at 16:47