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Civil Litigation,
Intellectual Property,
Corporate

Feb. 15, 2018

Federal Circuit illuminates two-prong direct infringement test

A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satisfy the Akamai divided infringement test.

Andrea Jill Weiss Jeffries

Partner
Jones Day

Email: ajeffries@jonesday.com

Stanford Univ Law School; Stanford CA

Andrea is a partner in the IP Practice in the firm's Los Angeles office. She has handled formidable intellectual property disputes involving patents, trade secrets, and other forms of IP for more than 20 years.

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Steven J. Corr

Partner
Jones Day

555 S Flower St 50FL
Los Angeles , California 90071

Email: sjcorr@jonesday.com

Loyola Law School; Los Angeles CA

Steven is a partner in the IP Practice in the firm's Los Angeles office.

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Jasper L. Tran

Associate
Jones Day

Email: jaspertran@jonesday.com

Jasper is an associate in the IP Practice in the firm's San Francisco office.

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As 2017 came to a close, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Travel Sentry, Inc. v. Tropp, illuminating how the Federal Circuit's two-prong test may be applied to find liability for direct patent infringement where there is no contract between the multiple actors each performing different steps of the method claim. 877 F.3d 1370 (Fed. Cir. 2017).

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