Offloading A Step In A Method Claim Avoids Patent Infringement
The scope of patent protection afforded under a patent is defined by the claims. As a general rule, a claim can only be infringed by a single party that practices all of the limitations of the claim. However, what happens if one party outsources a particular step of a method invention or claim to a third party? What if the party provides instructions to the a customer to perform one or more of the steps? Does this party avoid infringement because this party has not performed all of the required steps of the method? This was the issue in Akamai Tech. v. Limelight Networks, Inc. (Fed. Cir. Dec. 20, 2010).
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What types of process inventions are eligible for patent protection?
The Patent Statute defines patent eligible subject matter as any new and useful process, machine, manufacture and composition or improvement thereof. 35 U.S.C. ยง 101. Recently, the Federal Circuit (i.e., the appeals court for all patent matters) decided the case of In Re Bilski which clarifies the types of useful processes that are eligible for [...]
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