News & Analysis as of

Direct Infringement En Banc Review

Davis Wright Tremaine LLP

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more

Foley & Lardner LLP

Important Decisions on the Scope of the ITC's Authority

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In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

Foley & Lardner LLP

Divided Infringement Between Doctor and Patient

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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

Knobbe Martens

Federal Circuit Review | September 2015

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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

Akin Gump Strauss Hauer & Feld LLP

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 1964...more

Foley & Lardner LLP

Protecting Diagnostic Innovation – Two Actor Infringement Liability

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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

Foley & Lardner LLP

Federal Circuit Expands Direct Divided Infringement

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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

Foley Hoag LLP

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

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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

Foley Hoag LLP

Federal Circuit Expands Scope of Liability for Divided Infringement

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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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Kelley Drye & Warren LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Delivers En Banc Opinion in Akamai v. Limelight

The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit overturns panel decision and upholds Commission in Suprema, Inc. v. International Trade Commission rehearing en...

En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct. Procedural...more

Morrison & Foerster LLP

En banc Federal Circuit Affirms ITC’s Authority to Issue Exclusion Orders for Induced Infringement of Method Claims

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

Mintz - Intellectual Property Viewpoints

Suprema v. ITC: En Banc Federal Circuit Overturns Panel Decision, Finds ITC Has Jurisdiction Over Induced Infringement of Method...

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

Goodwin

ITC Has Power Over Imported Articles With Potential to Induce Infringement

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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

Goodwin

In Limelight, Supreme Court Rejects Inducement Liability Without a Direct Infringer

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The U.S. Supreme Court, in Limelight v. Akamai, recently reversed a Federal Circuit decision holding Limelight Networks liable for inducing patent infringement. The Supreme Court ruled that a party cannot be held liable for...more

McNees Wallace & Nurick LLC

Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement....more

Dorsey & Whitney LLP

Post Limelight v. Akamai, Are Multi-actor Method Patent Claims D.O.A.?

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The Supreme Court’s decision in Limelight v. Akamai yesterday requires a single actor, direct infringer to exist as a prerequisite to any finding of direct or indirect infringement. This decision, in view of the Federal...more

Proskauer Rose LLP

The U.S. Supreme Court Rules On Induced Infringement

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On June 2, 2014, the U.S. Supreme Court issued its decision in Limelight Networks Inc. v. Akamai Technologies Inc. et al., holding that to prevail on a theory of patent inducement one party must be responsible for performing...more

Eversheds Sutherland (US) LLP

It Takes One to Infringe: Akamai Ruling Holds That Induced Infringement Requires Direct Infringement by a Single Party

On June 2, 2014, a unanimous U.S. Supreme Court held in Limelight Networks, Inc. v. Akamai Technologies, Inc. that direct infringement by a single party is a prerequisite to a finding of induced infringement. In doing so, the...more

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