Reviewing Joint Infringement

Law360, New York (May 9, 2011, 6:58 PM EDT) -- On April 11, in McKesson Technologies Inc. v. Epic Systems Corp.,[1] a sharply divided panel of the Federal Circuit narrowly reaffirmed that two or more entities jointly infringe a method claim only when one entity acts under the “control or direction” of the other sufficient to support a conclusion of vicarious liability.[2]

Although this outcome is consistent with recent Federal Circuit decisions, fundamental differences reflected in the majority and dissenting opinions foreshadowed a possible revisitation of the current law governing joint direct infringement of a multistep...
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