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Category: Joint infringement


Federal Circuit requires agency relationship or contractual obligation for joint infringement
January 04, 2011
Post by Blog Staff
To establish infringement of a method claim, a patent holder must show that all of the recited steps in the claim are performed by a defendant. If the recited steps are not performed by a single entity, but by the defendant acting in concert with another party, the patent holder may still show “joint infringement” if the defendant controls or directs the activities of another party.In Akamai Technolog.......
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Adaptation of prior art bidding system to the web obvious under KSR and Leapfrog
July 17, 2008
Post by Blog Staff
In a decision Monday, the Federal Circuit reversed a district court's permanent injunction and denial of judgment as a matter of law in a patent infringement case. A jury determined the asserted claims of the patent were not obvious and that the defendant willfully infringed, and awarded $38.5 million in damages, which the district court enhanced to nearly $77 million based on the willful infringement findin.......
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Federal Circuit clarifies standard for proving joint infringement
September 20, 2007
Post by Blog Staff
The Federal Circuit issued a decision today affirming a district court's finding of noninfringement when a defendant neither carried out all of the steps of a method claim nor was responsible for the actions of the parties that did carry out all steps to the method claim. In doing so, the court clarified the proper standard for joint infringement by multiple parties of a single claim.More detail of BMC Res.,.......
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Another patent invalid after KSR, with help from an innovative online litigation strategy
August 15, 2007
Post by Blog Staff
Peter Zura has an interesting post about a case in the Eastern District of Texas (one of the most popular districts for patent cases to be filed) where a patent was held to be both anticipated and, failing that, obvious in light of KSR. The court also addressed the concept of joint infringement, which the Federal Circuit has yet to address in detail, and found that a showing of agency or concerted action is n.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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