An en banc panel of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. Akamai Techs. Inc. v.
Infringement Without a Direct Infringer
An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. § 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under § 271(a).
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John Cone, Megan O'Laughlin And John TowerThis premium content is locked for The Intellectual Property Strategist subscribers only
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