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Articles

"Post Limelight, Could Patent Act Be More User-Friendly?"

August 26, 2015

Articles

"Post Limelight, Could Patent Act Be More User-Friendly?"

August 26, 2015

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Law360 examined the August 13 Federal Circuit decision of Akamai Technologies Inc v. Limelight Networks Inc. and asked several attorneys: “How would Congress revise the statute to make it clearer?” Principal John Dragseth answered:

“The courts are looking for a standard that will punish intentional, culpable conduct that is a meaningful part of the infringement, and that will not hit accidental conduct that has a minor role in practicing a patent claim. Congress could reach this same result by noting that existing concepts of inducement and contributory infringement apply where multiple parties cooperate to perform the steps of a claim. In such a situation, a party would not be guilty for selling a general purpose device (e.g., a computer operating system) or for independently practicing one step of a patent claim. But parties that bond together to infringe (a form of bilateral inducement) or that encourage others to help infringe would be liable, and would also be in position to stop their liability. At the same time, the courts have to be careful to punish only “active” inducement — actual affirmative activity that encourages others to infringe — and to avoid inferring that a large company knew about a patent simply because the patent was cited in one of the company’s pending applications.”

Click here to read the entire article.

Dragseth‘s practice centers on complex legal analysis and writing – in federal appeals, patent prosecution, reexamination, pre-suit and due diligence investigations, and patent opinions.

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