This argument begs the Court to fall into the logical fallacy of the undistributed middle. As a matter of logic, the fact that some SL1001 are noninfringing because they are made, used and sold outside the United States does not mean that all SL1001 exciters are noninfringing no matter where they are made, used or sold, any more than the fact that because fish cannot fly and penguins cannot fly, penguins must therefore be fish.

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 860