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Travel Sentry V. Tropp: A Threat To Direct Infringement?

Law360, New York (January 29, 2018, 12:31 PM EST) -- The Federal Circuit’s decision in Travel Sentry Inc. v. Tropp[1] represents the latest installment in its re-evaluation of the standard for divided infringement.

It has been a bedrock principle of patent law that to find direct infringement of a method claim, performance of all claimed steps must be attributable to a single entity.[2] Under the BMC and Muniauction standard, the actions of a third party only could be attributed to an accused infringer if they exercised “control or direction” over the third party’s acts. Imposing vicarious...
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