United States:
Infringing Acts Are Attributable To A Single Entity Who Directs Or Controls Third Parties Or Forms A Joint Enterprise
22 October 2015
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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The U.S. Court of Appeals for the Federal Circuit recently held
that a single entity may be liable for patent infringement if it
directs or controls the performance of others who perform a
patented method, or is part of a joint enterprise that performs the
method. According to the Court, one way an entity directs or
controls the performance of another is by conditioning
participation in an activity or the receipt of a benefit upon
performance of a step or steps of a patented method and
establishing the manner or timing of that performance.
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