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Cantor Colburn’s Rye quoted on Induced Infringement Ruling

June 2014

Law360 quoted Cantor Colburn’s Michael J. Rye on the U.S. Supreme Court’s induced infringement ruling from in Limelight Networks Inc. v. Akamai Technologies Inc.

The high court set aside “set aside a Federal Circuit decision that lowered the standard for proving induced infringement, ruling that induced infringement can be found only when one party performs every, not any, step.” In the article, Rye both expressed his opinion of the decision and provided advice for prosecutors.

 “Once again, the Supreme Court has reigned in the Federal Circuit’s efforts at expanding patent rights. Limelight eliminates liability for active inducement of infringement under Section 271(b) if there is no single entity that commits direct infringement. Following Limelight, as well as the increased intent requirement for inducement, the number of potential targets for an induced infringement claim is limited. Litigators will still need to find evidence of direct infringement before bringing a claim. Prosecutors should continue to draft claims with a single direct infringer in mind.”

Rye is a partner and co-chair of the Litigation Department at Cantor Colburn. He is a trial lawyer with more than 20 years’ experience whose runs a diverse intellectual property litigation practice, which includes a wide variety of industries with various complex technologies.

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