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March 18, 2013
Gamey
In
Aristocrat v. International Game (CAFC
2010-1426), there was no direct infringement of gaming machine method claims
because the accused infringer didn't control a player's actions. Bad claims
drafting was the root problem here. Many prosecutors don't understand how claims
are treated in litigation, as in this instance. On the finer point of indirect
infringement, the CAFC noted inattention all around: "neither the parties, nor
the district court in its summary judgment order, expend significant time on the
question of indirect or induced infringement." The district court found
non-infringement based upon outdated case law. (The CAFC and SCOTUS
substantially change patent law willy-nilly on an irregular basis.) Current law
of indirect infringement, under the Akamai precedent, is based upon the
notion of a hypothetical "single party would be liable as a direct infringer."
With all the facts and law before it, but too inattentive to do its job
properly, the CAFC remanded for the district court to figure it out, while
giving the law firms involved another welcome boost for more fees to their
clients.
Posted by Patent Hawk at March 18, 2013 2:13 PM | Infringement