Induced Infringement Does Not Require Multiple Parties

Maier_03In Promega Corp. v. Life Technologies Corp. (13-1011), a split Federal Circuit found that LifeTech did infringe the Tautz patent, which claimed a process for examining DNA samples.  Promega is an exclusive licensee of the patent.  LifeTech produced a component for a genetic testing kit in the U.S. and shipped the component to an overseas subsidiary, where the kit was put together.  The kit was then subsequently distributed worldwide, including the U.S.  LifeTech admitted to the distribution in the U.S. as infringing.  However, a district court had ruled that LifeTech could not be liable for induced infringement because Patent Act section 271(f) required the involvement of a third party.  Infringement under 271(f) would allow for damages based on worldwide sales.

The Federal Circuit disagreed.  The Federal Circuit held that “[u]nder 35 U.S.C. § 271(f)(1), a party may infringe a patent based on its participation in activity that occurs both inside and outside the United States.”  Consequently, a third-party was not required for LifeTech to infringe under this theory.

Chief Judge Prost dissented-in-part, stating that Supreme Court precedent clearly required a third party for inducement liability.

source: Maier & Maier, PLLC

345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com

    • March 2024
      Mon Tue Wed Thu Fri Sat Sun
      « Jan    
       123
      45678910
      11121314151617
      18192021222324
      25262728293031
  • IP4all Weekly Bulletin

    You can subscribe to the weekly IP4ALL Bulletin.

  • IP Consulting Ltd. - Intellectual Property Consulting Agency
  • Landmark-TP
  • Ivan Georgiev - Rembrand
  • Global IP Attorneys - The world's leading address guide for patent,  trademark, copyright, intellectual property and IP attorneys. In just a few steps you can find your agency for registration and protection of your intellectual property, patent, design, copyright or trademark.
  • The Professional Sector Network is a referral and networking group that caters exclusively to leading firms with a history of excellence in the business, advisory and investment sectors.
  • Online source of information for the events and developments in the field of intellectual property worldwide
  • Jobs in USA
  • Become our partners
  • IP Basis®

  • IP Guide®