Travel Sentry, Inc. v. David Tropp
When determining the circumstances of induced infringement, consider the “activity,” the “benefit,” and the “manner” of performance of claim steps by a third party.
When determining the circumstances of induced infringement, consider the “activity,” the “benefit,” and the “manner” of performance of claim steps by a third party.
For direct infringement under § 271(a) of a method claim, an entity is responsible for others’ performance of method steps where that entity directs or controls others’ performance. Control or direction by an entity and principles of attribution are to be considered in the context of the particular facts presented to determine whether to attribute others’ performance of method steps to a single actor.
The Federal Circuit upholds its recent decision in Akamai Technologies, Inc. v. Limelight Network, Inc., finding that joint infringement can only occur when there is an agency relationship between the parties performing steps of a method claim or when one party is contractually obligated to the other to perform the steps.
Direct infringement may be found where an accused infringer directs another party to perform one or more steps of a claimed method.