Section 271(g) filled a loophole that allowed companies to escape patent infringement by producing goods overseas and then importing them. In filling this loophole, Congress may have unintentionally broadened patent liability for the production and use of goods in the United States. This paper discusses important ramifications of this broadened language and encourages the Federal Circuit or Congress to clarify the extent of patent infringement under Section 271(g).
Peter A. Hecker, Patent Infringement Under 35 U.S.C. § 271(g) for Goods Made in the United States, 19 UIC Rev. Intell. Prop. L. 64 (2019)