• Federal Circuit Addresses Use of Industry Standards in Patent Infringement Analysis
  • October 13, 2010 | Authors: Jason V. Chang; Malvern (Griff) U. Griffin
  • Law Firm: Sutherland Asbill & Brennan LLP - Atlanta Office
  • In Fujitsu Ltd. v. Netgear Inc., No. 2010-1045 (Fed. Cir., September 20, 2010), the U.S. Court of Appeals for the Federal Circuit was presented with an interesting question: If an accused product complies with an industry standard, is it appropriate to use the industry standard, but not findings from the accused product itself, as the basis for holding that the accused product infringes a patent? In this case, the Federal Circuit explained that in certain instances, an accused product can be found to infringe a patent based upon the product’s compliance with an industry standard.