First published in LES Insights

The U.S. Court of Appeals for the Federal Circuit recently held that a single entity may be liable for patent infringement if it directs or controls the performance of others who perform a patented method, or is part of a joint enterprise that performs the method. According to the Court, one way an entity directs or controls the performance of another is by conditioning participation in an activity or the receipt of a benefit upon performance of a step or steps of a patented method and establishing the manner or timing of that performance.