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In the 1971 case DeepSouth Packing Co., Inc. v. Laitram Corp., the U.S Supreme Court ruled in favor of DeepSouth Packing, stating that it did not infringe on Laitram's patent rights by manufacturing components of a patented shrimp deveining machine and then exporting them for assembly abroad. The court held that under Section 271(a) of the Patent Act, infringement occurs only when an entire patented product is made or sold within the United States without authorization from the patent holder. Since DeepSouth was neither making nor selling complete machines in America but merely parts to be assembled overseas, they were not liable for infringement according to this interpretation of law.
In the dissenting opinion for DeepSouth Packing Co., Inc. v. Laitram Corp., Justice Marshall argued that the majority's interpretation of Section 271(a) of the Patent Act was too narrow and failed to consider Congress' intent behind this legislation. He believed that by allowing a company to avoid patent infringement liability simply because they exported unassembled parts rather than assembled machines, it would undermine U.S patent law protections and encourage companies to circumvent these laws through technicalities. Furthermore, he pointed out that such an interpretation could potentially harm American businesses as foreign competitors could easily replicate their patented products without facing any legal consequences in U.S courts. Therefore, he disagreed with the majority's ruling which held DeepSouth not liable for infringing on Laitram’s patents.