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Perspective

Mar. 12, 2013

Divided infringement claims revived

A 2012 Federal Circuit decision restores a type of patent infringement claim that it had extinguished five years earlier. By Stan Panikowski


By Stan Panikowski


A 2012 Federal Circuit decision restores a type of patent infringement claim that it had extinguished five years earlier. The issue is: can a defendant be liable for infringement of a method claim when no single actor commits all the acts that constitute direct infringement? In its 2007 BMC Resources, Inc. v. Paymentech, LP, 498 F.3d 1373, decision, the Federal Circuit's answer to this question was a qualified "no." The Fed...

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