Supreme Court Requires All Elements For Induced Infringement

The U.S. Supreme Court reversed the U.S. Court of Appeal for the Federal Circuit holding that a defendant may not be liable for inducing infringement of a patent under 35 U.S.C. § 271(b) when no one has directly infringed the patent under 35 U.S.C. § 271(a) or any other statutory provision. Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U.S. __ (2014). The decision limits the ability of patent holders to protect technologies that are increasingly relevant in today's economy. We are in an era of specialization and collaboration. Digital technology moves information among users. Patient samples may be taken in the home or in a physician's office, analyzed and in a laboratory and transmitted to a treating physician who prescribes therapy. Thus, in many instances, more than one individual or entity can be involved in providing a digital service or medical method. Today's decision dictates that these method patents are only enforceable if one party practices all