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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. &sect; 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 &sect; 271(a).

29 minute read September 27, 2012 at 04:32 PM
By
John Cone, Megan O'Laughlin and John Tower
Infringement Without a Direct Infringer

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.

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