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March 6, 2013

Inducing Move

In Move v. Real Estate Alliance (CAFC 2012-1342), Move duped the district court by having the judge whitewash non-infringement. On appeal, a CAFC panel found "the district court failed to conduct an indirect infringement analysis," as Move may have induced infringement: "knew of the asserted patent and performed or knowingly induced the performance of the steps of the claimed methods, and that all of those steps were in fact performed." Under the controversial Akamai precedent, "liability under ยง 271(b) may arise when the steps of a method claim are performed by more than one entity, provided that the other requirements for inducement are met."

Posted by Patent Hawk at March 6, 2013 8:59 PM | Infringement