Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

On remand, Federal Circuit reaffirms single entity rule for divided, direct infringement

- Journal of Intellectual Property Law & Practice (2015) 10 (11): 808-810. doi: 10.1093/jiplp/jpv155
Author(s): Charles R. Macedo, Jessica Capasso, Kyung J. Shin

Akamai Techs, Inc v Limelight Networks, Inc, 786 F 3d 899 (Fed Cir 2015)

Abstract

Following a remand from the US Supreme Court to consider the issue of multiple-actor direct infringement under 35 USC § 271(a), a split panel of the US Court of Appeals for the Federal Circuit continues to require that all of the steps of a method claim be performed by a single actor, either by the actor itself or by others under the actor's ‘direction or control.’


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