Fitzpatrick Case Update
August 31, 2012
On August 31, 2012, a sharply divided Federal Circuit, sitting en banc, reversed and remanded the prior panel decisions in both Akamai Technologies v. Limelight Networks, 629 F.3d 1311 (Fed. Cir. 2010), and McKesson Technologies v. Epic Systems, No. 2010-1291, 2011 WL 1365548 (Fed. Cir. April 12, 2011). The per curiam opinion of the Court (Judges Rader, Lourie, Bryson, Moore, Reyna and Wallach) held that to establish liability for inducing infringement of a method claim under 35 U.S.C. § 271(b), “it is not necessary to prove that all the steps were committed by a single entity” (Slip. Op. at 10), overruling the Court’s prior decision in BMC Resources, Inc. v. Paymentech, L.P., 498 F.3d 1373 (Fed. Cir. 2007)(indirect infringement requires one party to have committed the entire act of direct infringement).