|September 27, 2012|
Previously published on September 6, 2012
On August 31, 2012, the Federal Circuit issued an en banc opinion in two related cases involving the joint infringement of method claims, Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. Epic Systems Corp. See Akamai Techs., Inc. v. Limelight Networks, Inc., No. 2009-1372, 2012 U.S. App. LEXIS 18532 (Fed. Cir. Aug. 31, 2012) (en banc). In a 6-5 decision, the court expanded the theory of induced infringement of a method claim, holding that all the steps of a method claim do not need to be directed by a single controlling actor to demonstrate induced infringement. The court remanded the two cases for further proceedings in light of its opinion.