Mobile App and Website Owners Beware
The Federal Circuit Court of Appeals (“Federal Circuit”) “changed the game” for parties, including website and mobile app owners that work in tandem with end users, to practice the steps of a patent. In Akamai Techs., Inc. v. Limelight Networks, Inc.,
Fed. Cir., No. 2009-1372, 8/13/15 (“Akamai”), the Federal Circuit held that a defendant can directly infringe a patent although it does not perform all of the patent’s steps, if the defendant “conditions participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishes the manner or timing of that performance.” In such a case, the actions of the third party are attributed to that defendant.
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