In Travel Sentry, Inc. v. David Tropp (Fed. Cir. 2017), the Federal Circuit clarified two or more parties can commit patent infringement of a method patent if one of the parties is conditioning the other(s). This ruling...more
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
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
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
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 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
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
Reversing an earlier panel decision, the en banc Federal Circuit confirmed that the ITC has the authority to issue exclusion orders against imported products that ultimately are used to infringe method claims, even if those...more
Yesterday morning, the full Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC and reversed the controversial Federal Circuit opinion that had effectively precluded the International Trade Commission from...more
On Aug. 10, 2015, the Federal Circuit issued a much-anticipated opinion confirming the authority of U.S. International Trade Commission (“ITC” or “the Commission”) to stop importation of articles which are used, after...more
Just over a year ago, the U.S. Supreme Court in Akamai Technologies, Inc. v. Limelight Networks, Inc., 134 S. Ct. 2111 (2014) held that where a method claim is not directly infringed by a single entity, there can be no claim...more
On remand from the Supreme Court, a 2-1 majority panel of the Federal Circuit reasoned in Akamai Tech., Inc., v. Limelight Networks, Inc. 2015 U.S. App. Lexis 7856 (Fed. Cir. 2015), that there could be no “direct”...more