Infringing "Use" Of Claimed System Requires "Control" And "Benefit" Of Each Claim Element

In Intellectual Ventures I LLC v. Motorola Mobility LLC, No. 16-1795 (Fed. Cir. Sept. 13, 2017), the Federal Circuit (among deciding other issues) reversed the district court's order denying JMOL of noninfringement, holding that there was not substantial evidence to support a jury verdict that Motorola's customers directly infringed an asserted claim by "using" the Motorola's devices. Intellectual Ventures asserted that Motorola's customers' use of Motorola's devices directly infringed its claim directed to a "communication device" including an "authenticating device" that "generate[s] a delivery report." A jury found direct infringement and the district court denied Motorola's motion for JMOL of noninfringement. Motorola appealed.