The Patent Act has been interpreted to provide liability for direct patent infringement only when a single person or entity performs all the elements of a patent claim, either by itself or vicariously, through an agent. Does that mean it is possible for someone to avoid infringement liability by performing some of the steps of a method patent himself and inducing someone else to perform the rest or by inducing a group of persons to perform the steps, so that no one person does them all?
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IN PRACTICE
Single actor not a requirement for induced patent infringement
The National Law Journal
October 8, 2012
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