Microsoft Corp. v. AT&T Corp.
United States Supreme Court
550 U.S. 437 (2007)
AT&T Corp. (plaintiff) owned a patent on speech-processing software and sued Microsoft (defendant) for infringement based on software in Windows that performed the patented function once installed on a computer. Microsoft sent master disks of Windows from the United States to foreign manufacturers, who made copies and installed those copies, rather than the original disks, on computers sold abroad. AT&T argued this transmission of master disks constituted supplying components from the United States for combination abroad under 35 U.S.C. section 271(f); the district court agreed, and the Fifth Circuit affirmed. The Supreme Court granted certiorari.
Whether the export of patented software for combination purposes gives rise to infringement liability only if the software was embodied in a physical medium in the United States and installed from that original medium abroad.