Results for direct infringement

Mankes v. Vivid Seats, Ltd. and Fandango, LLC

Case Number: CLB0364

Date: 04.22.2016

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.

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McKesson Technologies Inc. v. Epic Systems Corporation

Case Number: CLB0274

Date: 04.12.2011

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.

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