Free for a Fee

The en banc Court reversed the previous panel, and expanded the circumstances under which an alleged infringer may be liable under §271(a). In addition to circumstances identified by the panel, liability may arise if “an alleged infringer conditions participation in an activity or the receipt of a benefit upon performance of a step or steps of the patented method, and establishes the manner or timing of that performance.” When that standard is satisfied, the actions of a third party may be attributed to the alleged infringer, who thereby directly infringes under §271(a), even though there was no “mastermind” acting though a formal agent.

The post Akamai v. Limelight: Defendant may directly infringe where steps performed by a third party appeared first on IPWatchdog.com | Patents & Patent Law.

The content in this post was found at http://www.ipwatchdog.com/2015/08/20/akamai-v-limelight-infringe-where-steps-are-performed-by-a-third-party-in-the-absence-of-a-principal-agent-or-joint-venture-relationship/id=60822/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.