McKesson Techs v. Epic Systems

Federal Circuit opinion in McKesson Techs v. Epic Systems 10-1291


Summary paragraph:

McKesson Technologies Inc. (“McKesson”) appeals the district court’s grant of Epic Systems Corporation’s (“Epic”) renewed motion for summary judgment of noninfringement of claims 1-10, 12-14, and 16-18 of U.S. Patent No. 6,757,898 (the “’898 patent”). McKesson Info. Solutions LLC v. Epic Sys. Corp., No. 06-cv-2965, 2009 WL 2915778 (N.D. Ga. Sept. 8, 2009) (“Summary Judgment Order”). Because McKesson is unable to attribute the performance of all the steps of the asserted method claims to a single party—namely, Epic’s healthcare-provider customers—this court affirms the finding of noninfringement.

In the opinion:

Without an agency relationship or contractual obligation, the [partially infringing] users' actions cannot be attributed to the [other partial infringer, the system provider]. Thus, McKesson has failed to demonstrate that any single party directly infringes the ’898 patent. Absent direct infringement, Epic cannot be liable for indirect infringement. BMC Res., 498 F.3d at 1379 (stating “[i]ndirect infringement requires, as a predicate, a finding that some party amongst the accused actors has committed the entire act of direct infringement.”).

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Reference Info:Decision | Federal, Federal Circuit, Patent | United States

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