June 03, 2014

Law360 quotes Michael Sartori on Supreme Court’s induced infringement ruling

1 min

Venable partner Michael Sartori was quoted in a June 2, 2014 Law360 article on the Supreme Court’s ruling in Limelight Networks Inc. v. Akamai Technologies Inc.. Monday’s ruling set aside a Federal Circuit ruling lowering the standard for proving induced infringement. The Court said induced infringement can only be found when one party performs every, not any, step.

“The decision is very significant as it rolls back the Federal Circuit law on induced infringement to that in BMC Resources and Muniauction. The BMC Resources and Muniauctioncases were very helpful for their clear demarcation regarding induced infringement — if no direct infringement, then no induced infringement,” said Sartori. “Further, BMC Resources and Muniauctionhelped by reiterating guideposts for determining single-actor direct infringement. However, the Supreme Court left the door open for the Federal Circuit to revisit the single-actor standard in Muniauctionfor direct infringement. As such, this story might not yet be concluded.”