Spotlight On Upcoming Oral Arguments – September 2018

Tuesday, September 4, 2018

Centrak, Inc. v. Sonitor Technologies, Inc., No. 17-2504, Courtroom 201

Centrak appeals from a District of Delaware decision granting summary judgment of non-infringement in favor of Sonitor on the grounds that Sonitor did not make “all claimed elements” of the claimed system.  Centrak argues that the district court erred in holding that Sonitor did not “make” the accused system because some components are supplied or installed by others.  Specifically, Centrak argues that under 35 U.S.C. § 271, the entity that adds the last claim limitations to create the operable assembly of the claimed invention is liable for direct infringement, even if it uses parts supplied or installed by others.  Conversely, Sonitor argues that a party that makes only part of a claimed system does not “make” that system and thus cannot be liable for direct infringement.  Sonitor further argues that the undisputed evidence shows that Sonitor does not “combine”