C.A.G. Insights

Limelight: 9-0 Supreme Court Reversal

There was a brief glimmer of hope for those patents with claims covering steps performed by more than one entity. But once again the Supreme Court has chastised the Federal Circuit for not following its prior precedent.  Specifically, there can be no active inducement of infringement unless there is first direct infringement, and direct infringement does not exist if more than one entity is performing the steps. This case illustrates the importance of drafting claims that are directed to single actor and thinking about how infringers might try to design around the claims by having a third party perform one or more of the claimed steps. Review LimelightYellowCopy for the Supreme Court’s opinion.