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Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.

617 F.3d 1296, 96 U.S.P.Q.2d 1104 (2010)

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Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.

United States Court of Appeals for the Federal Circuit

617 F.3d 1296, 96 U.S.P.Q.2d 1104 (2010)

Facts

Maersk Contractors USA, Inc. (Maersk) (defendant), an American company, owned a rig. After negotiations occurred in Norway, Maersk signed a contract with a Texas corporation, Statoil Gulf Mexico LLC (Statoil), to allow Statoil to use the rig. The contract signing also occurred in Norway. The contract stated that the rig would primarily operate in the United States’ Gulf of Mexico area and that the rig would be delivered to Statoil in the United States. Before delivery, Maersk altered the rig in an attempt to avoid an infringement claim by Transocean Offshore Deepwater Drilling, Inc. (Transocean) (plaintiff). Transocean sued Maersk in federal court for patent infringement, arguing liability for the contract involving the rig and the offer to enter into the contract. Neither party disputed that an offer to sell was extended in Norway, but the parties disputed whether the rig that was sold in the contract was the patented invention. The district court granted summary judgment of noninfringement after determining there could be no liability for the contract of or offer to contract for use of the rig because the contract negotiations and execution occurred outside the United States. Transocean appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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