Oral Argument Date for Akamai Tech. v. Limelight Networks and McKesson Tech. v. Epic Systems Corp.

The date has been set for the en banc oral arguments of two divided infringement patent cases, Akamai Tech. v. Limelight Networks and McKesson Tech. v. Epic Systems Corp.  The date will be Friday November 18, 2011.

The issue that the parties were asked to brief in the Akamai Tech. v. Limelight Networks case is:

1.  If separate entities each perform separate steps of a method claim, under what circumstances would that claim be directly infringed and to what extent would each of the parties be liable?

The issues that the parties were asked to brief in the McKesson Tech. v. Epic Systems Corp. case are: 

1. If separate entities each perform separate steps of a method claim, under what circumstances, if any, would either entity or any third party be liable for inducing infringement or for contributory in-fringement? See Fromson v. Advance Offset Plate, Inc., 720 F.2d 1565 (Fed. Cir. 1983).

 

2. Does the nature of the relationship between the relevant actors—e.g., service provider/user; doctor/patient—affect the question of direct or indirect infringement liability?

 

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