In Life Technologies v. Promega Corporation, the U.S. Supreme Court addressed whether supplying a single component from the United States of a multicomponent invention assembled abroad constitutes patent infringement under 35 U.S.C. §271(f)(1). Under §271(f)(1), a party can be liable for patent infringement if it supplies from the United States “all or a substantial
Divided Infringement – Expanding Patent Infringement Liability
By Audrey Millemann
In 2015, the Federal Circuit Court of Appeals cast the net of patent infringement liability even more broadly, to cover direct infringement by “divided” (or “joint”) infringement. Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015) (“Akamai V”). In that case, the Federal Circuit established
Northern District of California Revises Local Patent Rules
On January 17, 2017, the United States District Court for the Northern District of California issued revisions to its Local Patent Rules requiring early disclosure of damages-related discovery and contentions. The revised rules are effective immediately in all patent cases pending in the Northern District. Local Patent Rules are rules that apply to all civil
Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions
Although arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an unfavorable decision. In Phigenix v. ImmunoGen, the Federal Circuit clarified that while there is no
COVERED BUSINESS METHODS PATENTS — NOT SO BROAD!
The Federal Circuit Court of Appeals has reminded the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in no uncertain terms that covered business method review has limits. In Unwired Planet, LLC v. Google Inc., 841 F.3d 1376, 2016 U.S. App. LEXIS 20764 (November 21, 2016), the court held that