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Intellectual Property

Jun. 5, 2015

Divided infringement challenges for personalized medicine

The Federal Circuit has essentially restored a 2008 holding about when a defendant is not liable for direct infringement for customer behavior. By Kevin Kabler


By Kevin Kabler


On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit
last month held in Akamai Tech. Inc. v. Limelight Networks Inc. that "direct infringement liability of a method claim under 35 U.S.C. Section 271(a)
exists when all of the steps of the claim are performed by or attributed to a single
entity." In addition, the Federal Circuit ruled that direct ...

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