February 2013

February 6, 2013 4:54 PM | Posted by Olafson, Shane | Permalink

Patent law holds that a party can be held liable for direct infringement when that party performs all steps of a patent claim.  In contrast, there is no direct infringement where multiple parties collectively – but independently – perform all steps of a patent claim.  Historically, there could be no indirect infringement without direct infringement, that is, indirect infringement required proof that at least one party performed all steps of the patent claim. 

That precedent changed last August when the Federal Circuit issued its decision in Acamai Tech’s, Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012). 

read more