This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the Akamai cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
The U.S. Supreme Court unanimously ruled in favor of Samsung Electronics on Dec. 6 in its titanic patent dispute with Apple Inc. over design features copied from Apple iPhones.
The Federal Circuit's en banc decision in Williamson v. Citrix Online expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying Williamson and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
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