Monday, August 24, 2009

Evidence That Defendant Encouraged Infringing Use is Insufficient to Show Direct Infringement by Customers

Following a jury trial, defendant's motion for judgment as a matter of law of no induced infringement was granted in part even though defendant taught customers the accused infringing use in "training courses" and "video presentations." "[The separate accused products] may have been presented 'as a single homogenous system' to [defendant's customer], but this is not a substitute for evidence of what any [of defendant's] customer(s) actually did. Because it was not disputed that a . . . customer does not necessarily have to install and run [a particular] feature, plaintiff was required to identify at least one specific infringement by customers. . . . Having failed to do so, the jury's verdict with respect to the system claims must be reversed."

SRI International v. Internet Security, et al., 1-04-cv-01199
(DED August 20, 2009, Memorandum Opinion) (Robinson, J.)

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