Results for secondary considerations
Commercial success evidence should be considered so long as what was sold was within the scope of the claims. The patent applicant need not sell every conceivable embodiment of the claims in order to rely upon evidence of commercial success.
Evidence of secondary considerations must have a sufficient nexus with the scope of the claims. The “control or direction” standard for joint infringement is satisfied only when a person exercises a level of control that would traditionally make a person vicariously liable for another party’s actions.