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Intellectual Property Law

: FileWrapper

Federal Circuit requires agency relationship or contractual obligation for joint infringement

By McKee, Voorhees & Sease, P.L.C.

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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 Technologies v. Limelight Networks, the Federal Circuit looked at what types of activities qualify as directing or controlling the activity of a another party.  The court opted for a bright-line rule that requires either a principal-agent relationship or a contractual obligation to perform the steps of the claim.

More details of Akamai Techs. v. Limelight Networks after the jump.

[More]

Full post as published by FileWrapper on January 04, 2011 (boomark / email).

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