This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The case concerns the interpretation of Section 271(f) of the patent statute, an anti‑circumvention provision aimed at preventing the making of a patented invention in the United States and its export.
According to Carter G. Phillips, petitioner Carter G. Phillips referenced the Deepsouth case, noting that Congress acted to close a loophole after the Court held that minimal foreign assembly did not fall within the patent statute.
Background and question before the Court
Justice Alito asked whether “substantial portion” means a majority.
What each side argues
What happened at oral argument
Justice Sotomayor asked a question (text not fully captured).
Justice Alito asked whether “substantial portion” means a majority.
Justice Alito followed up asking if four would be enough.
According to Justice Ginsburg, justice Ginsburg questioned the ambiguity of “substantial portion.”
According to Justice Sotomayor, justice Sotomayor inquired about percentages (20 %, 30 %, 40 %).
According to Justice Kagan, justice Kagan wondered if “substantial portion” means almost all.
According to Justice Alito, justice Alito noted the statutory language refers to “components” rather than the invention itself.
Justice Breyer asked what limits Congress intended to impose.
Justice Ginsburg asked how to decide if one component out of five is substantial.
- [1] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 5
- [2] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 8
- [3] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 9
- [4] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 10
- [5] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 20
- [6] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 28
- [7] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 33
- [8] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 38
- [9] 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdf, p. 41
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 6b03ff8341134288bb21-r1-a7e85f7130c8707a.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.