Attorneys & Professionals
William Oldach, a partner in the Vorys Washington, D.C. office and a member of the technology and intellectual property group, was featured in a Law360 story on a U.S. Supreme Court ruling to set aside a Federal Circuit decision that lowered the standard for proving induced infringement. According to the story, the Court found that induced infringement can be found only when one party performs every, not any, step.
The story includes this quote from Oldach:
“The Supreme Court took some surprisingly direct shots at the Federal Circuit, including its statement that the Federal Circuit fundamentally misunderstands what it means to infringe a method claim, before inviting the Federal Circuit to reconsider its 2008 Muniauction decision. If the Federal Circuit does so, then the arrows taken away from patentees today may be given back to them in the coming months. But as of today, a defendant accused of inducing infringement of a method claim, where no one party has performed or controlled the performance of all steps of the method, should have a solid basis for seeking dismissal of that suit for failure to state a cause of action. Such accused infringers may be well advised to take aggressive action in the near term to dismiss or resolve any such claims before the Federal Circuit revitalizes them.”
To read the entire story, visit the Law360 website. (Subscription may be required).