Can we get sued for selling software in US when we are located in Europe?

Question

Our company is based in the Netherlands and most of our customers are in Europe. We have just started selling our SaaS product also to U.S. customers. I'm not sure about U.S. software patents. Is is theoretically possible an American company can sue us for patent infringement even though our location is not-U.S.?

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Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

Infringement is not based upon where your company is located - infringement is based upon where you are allegedly infringing, so if you are selling particular software here in the US, and some company has a US patent covering the software, yes, you can be sued here in the US for patent infringement even though you are not a US-based company.

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