Travel Sentry, Inc. v. David A. Tropp (Fed. Cir. 2017)
The Akami V’s two prong-test is the correct standard for divided infringement and should be applied within the context of the specific facts of each case.
The Akami V’s two prong-test is the correct standard for divided infringement and should be applied within the context of the specific facts of each case.
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 Supreme Court holds if direct infringement has not occurred, there can be no inducement of infringement under 35 U.S.C. § 271(b).