A method patent is only infringed when a single actor performs each step of the claimed invention. BMC Res., Inc. v. Paymentech, L.P., 498 F.3d 1373 (Fed. Cir. 2007).
Joint Infringement Liability After Golden Hour Data Sys. v. emsCharts, Inc.
The Federal Circuit recently revisited the issue of joint infringement in <i>Golden Hour Data Sys. v. emsCharts, Inc.</i> The court's decision in that case illustrates one way in which vicarious liability may not close the loophole for liability avoidance through the use of multiple actors. Further, the decision shows that claim drafting alone does not end the joint infringement problem for patentees.
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Heather R. BobkovaThis premium content is locked for The Intellectual Property Strategist subscribers only
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