In a recent decision in the US (Riverbed Technology, Inc. v. Silver
Peak Systems, Inc.), a company was found
liable for indirect patent infringement even though the infringing
features of its product were disabled when the product was sold. In
the post-sale period, customers enabled the infringing features.
This was enough for the court to find the company liable for
indirect infringement.
This case arose between two rivals in the wide area network
market - Riverbed and Silver Peak. Riverbed sued Silver Peak for
infringement of a number of US patents. Silver Peak counterclaimed,
alleging infringement of three US patents. A jury trial eventually
returned a verdict in favour of Silver Peak. Silver Peak asserted
indirect infringement against Riverbed with respect to two
patents. Specifically, the jury concluded that Riverbed
"contributorily infringed" one of the patents and
"induced infringement" of the other.
