Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.
An “offer to sell … within the United States” occurs when a company makes an offer, whether made inside or outside of the United States, to sell a product that the buyer will use in the United States. In addition, an “offer to sell” occurs when the product specified in the contract infringes a patent, notwithstanding the state of the product ultimately delivered.