No Infringement Where Purchase Orders Were Received in the U.S. but "Performance and the Passing of Legal Title Occurred Internationally"

The court denied plaintiff's motion to compel defendant to produce sales information regarding products that were not shipped to the U.S. "'[T]he reach of section 271(a) is limited to infringing activities that occur within the United States.' [Plaintiff's] position that [defendant's] receipt of its purchase orders in California should control contradicts Federal Circuit precedent. . . . Here, the allegedly infringing products that are ordered by foreign customers were manufactured outside the United States, and distributed to customers outside of the United States. Both performance and the passing of legal title occurred internationally. Accordingly, the sales of the allegedly infringing products to foreign customers fall outside the scope of U.S. patent laws."

Internet Machines LLC v. Alienware Corporation, et. al., 6-10-cv-00023 (TXED November 29, 2011, Order) (Schneider, J.)