- Microsoft v. AT&T
Microsoft v. AT&T
Supreme Court of the United States
Argued February 21, 2007
Decided April 30, 2007
Full case name Microsoft Corp. v. AT&T Corp. Docket nos. 05-1056 Citations 550 U.S. 437 Prior history Judgment for Plaintiff, 71 U.S.P.Q. 2d 1118 (S.D.N.Y. 2004); aff'd, 414 F. 3d 1366 (Fed. Cir. (2005), cert. granted, 549 U.S. ___ (2006) Holding Because Microsoft does not export from the United States the copies of Windows installed on the foreign-made computers in question, Microsoft does not "suppl[y] ... from the United States" "components" of those computers, and therefore is not liable under §271(f) as currently written. Federal Circuit reversed. Court membershipChief Justice
John G. Roberts
Case opinions Majority Ginsburg, joined by Scalia, Kennedy, and Souter Concurrence Alito, joined by Thomas, Breyer Dissent Stevens Roberts took no part in the consideration or decision of the case. Laws applied 35 U.S.C. § 271(f)
Microsoft v. AT&T, 550 U.S. 437 (2007), was a United States (U.S.) Supreme Court case that restricts the extraterritorial reach of U.S. patent law. A section of U.S. patent law, 35 U.S.C. § 271(f), lets the holder of a U.S. patent block the export from the U.S. of components that can be assembled to produce a device which violates that patent, even though the patent is not enforceable in the place where that assembly takes place. The court held that a master software disk that is exported and then used to install software at the point of assembly is not a component within the meaning of the law.
In accordance with the general principle that U.S. law stops at U.S. borders, the ruling effectively prevents holders of U.S. software patents from enforcing those patents in other countries unless they hold a valid patent there.
- Software patent
- List of United States Supreme Court cases, volume 550
- List of United States Supreme Court cases
- Supreme Court's PDF transcript of the oral arguments in Microsoft v. AT&T
- Supreme Court 'Slip Opinion Syllabus' of Microsoft v. AT&T
- "Justices reject arguments by AT&T to hold the software company (Microsoft) liable for patent infringement on copies of Windows sold overseas." CNN report of the decision
- "Supreme Court sides with Microsoft in AT&T case". Computerworld report of the decision
- Groklaw discussion of the decision
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