The Catholic University of America

CUA Law Professor Elizabeth Winston's article entitled "Patent Boundaries" was cited in the Federal Circuit decision, M-I Drilling Fluids UK Ltd, M-I LLC v. Dynamic Air LTDA, 2018 WL 2187726, issued on May 14, 2018. The article was cited in the text of the concurrence as and in the footnotes. See below.

Patent Boundaries

M-I Drilling Fluids UK Ltd, M-I LLC v. Dynamic Air LTDA, 2018 WL 2187726

The law of the flag also holds a long-standing role in determining the juris- diction of disputes on the high seas. See Patent Boundaries, 87 Temp. L. Rev. at 522 (“The law of the flag does protect United States-flagged ships, which have long represented an extension of the sovereignty of the United States to the high seas.”)

The alleged infringement in this case occurred in the exclusive economic zone (“EEZ”) of Brazil. The EEZ is “‘an area beyond and adjacent to the territorial sea’ which ‘shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.’” Elizabeth I. Winston, Patent Boundaries, 87 Temp. L. Rev. 501, 508 (2015) (quoting the United Na- tions Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397, 418–19 (arts. 55, 57)). The United States has adopted the same definition of the exclusive economic zone in 1983 by Presidential Proclamation. Id. (citing Proclamation No. 5030, 48 Fed. Reg. 10,605 (Mar. 10, 1983)). In the EEZ, a nation has minimal sovereign rights. For example, the United States “possesses sover- eign rights in economic exploitation of natural resources and jurisdiction over marine scientific research.” Patent Boundaries, 87 Temp. L. Rev. at 508.

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Professor Elizabeth Winston's 
Areas of Expertise

Intellectual Property

Patent Law

Trademark Law


For additional information about our professors' areas of speciality, see Professor Winston's page.