Direct Infringement

News & Analysis as of

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

Divided Infringement Between Doctor and Patient

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related technologies, where a user or customer performs one or more steps of a patented method. Now the issue has arisen in the...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

U.S. Government Patent Infringement Precludes Induced Infringement

In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more

BioPharma Patents: Quick Tips & News - September 2015

For our BioPharma audience, you might be interested in Harness Dickey’s Quarterly BioPharma Newsletter, which reports on the impact of the Akamai v. Limelight, Suprema v. ITC, and Amgen v. Sandoz cases on the BioPharma...more

Akamai Technologies, Inc. V. Limelight Networks, Inc.: Federal Circuit Brings Defines Liability For “Joint Enterprises”

In Akamai v. Limelight, Inc., Case Nos. 2009-1372, -1380, -1416, -1417, (Fed. Cir. Aug. 13, 2015) (en banc), the Federal Circuit updated and clarified the standards for determining if direct infringement has occurred in cases...more

Federal Circuit Patent Updates - August 2015

The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

Direct Infringement Motion to Dismiss Under Form 18 Granted - Addiction and Detoxification Institute LLC v. Carpenter et al.

Addressing pleading requirements for direct and indirect infringement, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s determination that although pre-filing notice is not required to bring suit...more

IP Newsflash - August 2015 #4

SUPREME COURT CASES - The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration - In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its...more

Fed. Cir. Rules Requirements for Direct Infringement by Multiple Parties

In Akami Technologies v. Limelight Networks, App. No. 2009-1372, -1380, -1416, -1417 (Fed. Cir., August 13, 2015), the court, sitting en banc after a remand from the S. Ct., set out the requirements for direct infringement...more

Protecting Diagnostic Innovation – Two Actor Infringement Liability

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Federal Circuit's en banc decision in Akamai v. Limelight results in expansion of divided infringement

The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method...more

Federal Circuit Expands Direct Divided Infringement

In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct...more

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the...

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in...more

Intellectual Property Alert: Akamai v. Limelight: Federal Circuit Finds Direct Infringement of Method Claims Where Steps...

A unanimous en banc Federal Circuit held that, despite some of the claimed method steps being performed by Limelight’s customers, substantial evidence supported the jury’s finding that Limelight directly infringed a method...more

Federal Circuit Limits “Divided Infringement” Defense – Precise Contours Of Direct Infringement Remain Uncertain

Practice Points - Federal Circuit finds Limelight liable for direct infringement even though Limelight’s customers performed certain steps of Akamai’s patented process. - Defendants may be liable as direct...more

Federal Circuit Expands Scope of Liability for Divided Infringement

The Federal Circuit, sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., this week adopted a new standard governing divided infringement under 35 U.S.C. § 271(a). The new standard is likely to enhance...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

Is the gaping hole closing?

Last week, the Federal Circuit in Akamai Technologies Inc. et al. v. Limelight Networks Inc., No. 09-1372 (Fed. Cir. Aug. 13, 2015), overruled prior decisions to the extent they indicate that direct infringement of method...more

Federal Circuit Defines Joint Tortfeasor Infringement Liability in Akamai v. Limelight

The Federal Circuit issued a unanimous en banc decision yesterday regarding when joint tortfeasors may be held liable for literal infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. In its opinion, the court...more

In “Limelight”, Unanimous Federal Circuit Outlines Framework for Direct Infringement of Method Claims

In a unanimous full court decision issued last week, the Federal Circuit availed itself of “the opportunity to revisit the § 271(a) question” left unanswered by the Supreme Court last year, and outlined “the governing legal...more

Expansion of Direct Infringement in Federal Circuit’s Akamai Decision a Big Win for Patent Holders

In a victory for holders of method patents, the Federal Circuit issued an en banc decision yesterday expanding the scope of direct infringement when multiple parties perform different steps of an invention. In its unanimous...more

Federal Circuit Broadens Test for Direct Infringement

On August 13, 2015, the Court of Appeals for the Federal Circuit issued an en banc decision in the long standing patent dispute between Limelight Networks, Inc. and Akamai Technologies, Inc. The dispute is centered on an...more

En banc Federal Circuit broadens multiple-actor direct infringement (Akamai v. Limelight)

Today, the Federal Circuit sitting en banc changed direction again on § 271(a) direct infringement and ruled that Limelight was liable for direct infringement based on substantial evidence supporting the jury verdict of...more

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