May 26, 2011
The Federal Circuit has taken up en banc a pair of cases that pertain to the issue of divided infringement. The cases are Akamai Technologies, Inc. v. Limelight Networks, Inc. (a case discussed in a previous alert) and McKesson Technologies, Inc. v. Epic Systems Corp. The court will reconsider en banc the questions of whether direct or indirect infringement may be found where separate parties perform different steps of a method claim.
Fitch Even attorneys are monitoring these cases and will report when the court has rendered its decisions.
If you have any questions, please contact Fitch Even partner Allen E. Hoover, the author of this alert.