"In Ziptronix, Inc. v. OmniVision Technologies, Inc. a Taiwanese contract manufacturer and its U.S. subsidiary moved for summary judgment of no infringement because the allegedly infringing activity occurred only in Taiwan, with the exception of negotiations and contracting in the United States. The district court granted summary judgment, finding that even if negotiation and contracting occurred in the United States, there could be no direct infringement under U.S. patent law because the contracts contemplated delivery and performance to take place solely abroad. Additionally, the patent holder failed to present evidence that the Taiwanese manufacturer's customer, OmniVision, committed an underlying act of direct infringement. Thus, the court concluded, the Taiwanese manufacturer and its U.S. subsidiary did not commit or induce infringing acts "within the United States."
For those who skilled in legal language and logic, the full text of California Court summary judgement from Oct. 21, 2014 can be downloaded here. More discussions on patent law gray areas, apparently involved in this case, can be found in another Finnegan article.
