Induced Infringement in Patent Cases after Akamai and McKesson

The Federal Circuit recently issued its opinion in Akamai Technologies, Inc., et al v. Limelight Networks, Inc. (Appeal from the U.S. District Court for the District of Massachusetts) and McKesson Technolgies, Inc. v. Epic Systems Corporation (Appeal from the U.S. District Court for the Northern District of Georgia).  The Court ruled that aA party will now be liable for induced infringement if: (1) the party knows about the patent; (2) the party either (a) performs some of the steps of a patented method and induces another party to perform the remaining steps, or (b) induces another party to perform of all the steps of the patented method; and (3) all steps are performed by the combination of the party and the induced party (from 2(a)) or all steps are performed by the induced party (from 2(b)).  In other words, the fact that multiple parties are required to infringe a patented method is no longer a defense if there is knowledge of the patent and inducement.

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