Glen Reid, member of Wyatt’s Intellectual Property Protection & Litigation Service Team, served as co-counsel in WCM Industries, Inc.’s recent patent infringement case. The company was victorious in a jury trial. A story about the case, entitled “IP Trial an Unusual Victory: Fierce competitors go to trial over IP rights,” appeared in the November 16th issue of Law Week Colorado.
The Federal Circuit issued an important en banc ruling in August expanding what can constitute direct infringement of a method claim when one actor does not perform all of the elements of the claim at issue. See Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. Aug. 13, 2015) (“Akamai II”). This concept is referred to as “divided infringement” or “joint infringement.” Previously, if a single actor did not perform all of the steps of the claim, that actor could only be liable for direct infringement if the accused infringer was found to be the “mastermind,” exercising direction and control over the other entities such that the actions could be attributed to it. See Akamai Technologies, Inc. v. Limelight Networks, Inc., 786 F.3d 899, 904 (Fed. Cir. May 13, 2015) (“Akamai I”). “Direction or control” for such a finding was very narrow and the Federal Circuit had stated that this would be satisfied in instances where the “law would traditionally hold the accused direct infringer vicariously liable for the acts committed by another party . . . [and] may occur in a principal-agent relationship, a contractual relationship, or in circumstances in which parties work together in a joint enterprise functioning as a form of mutual agency.” Id. at 904-905. This previous standard essentially excluded from infringement any instance where a customer performed any of the steps of a claim in a method patent.
The Supreme Court recognized the narrow scope the Federal Circuit had circumscribed for direct infringement and invited the Federal Circuit to revisit this standard. See Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct. 2111, 2120 (2014) (“Our decision on the § 271(b) question necessitates a remand to the Federal Circuit, and on remand, the Federal Circuit will have the opportunity to revisit the § 271(a) question if it so chooses.”). The Federal Circuit took the Continue reading
Steve Hall, member of Wyatt’s Intellectual Property Protection & Litigation Service Team, will be speaking at the Defense Research Institute‘s (DRI) Intellectual Property Seminar on the topic “Using the AIA’s First to File Rule and the Written Description Requirement to Invalidate Patents” on May 6, 2016 in Nashville. Mr. Hall’s presentation will teach attendees how to use the “written description” requirement, along with recent amendments to the Patent Act, to challenge a patent’s validity in a way that was not available to defendants before 2013, when the First-to-Invent features of the America Invents Act went into effect.
Event details to follow.
By Will Gibbons
The so-called “SEC Primaries” on March 1, 2016 could have as much to do with deciding the Republican presidential nominee as the Southeastern Conference does with college football’s national championship. With that in mind, candidate Jeb Bush has toured the SEC this fall, and while he is undoubtedly watching great football, he is also pursuing votes.
As Bush canvasses the crowds across southern tailgates, which have included the University of Georgia and the University of Tennessee campuses, staffers have passed out koozies emblazoned with the letters “J-E-B,” in a circular logo similar to that of the SEC. That is until recently, when SEC officials called the logo into question.
The Conference’s position was simple—that it does not endorse candidates for public office (good business practice even in the right-leaning South), and because of that, Bush’s logo presented a Continue reading