Fed. Circ. Joint Infringement Ruling Could Expand Liability
Partner Charan Brahma is quoted in a Law360 story titled, “Fed. Circ. Joint Infringement Ruling Could Expand Liability.” The story highlights a recent Federal Circuit decision in Travel Sentry Inc. et al. v. David Tropp that could lead to greater liability for joint infringement cases and could require such decisions to be made by jurors, not judges. In the Dec. 19 decision, the court vacated a district judge's decision to grant summary judgment of noninfringement to lockmaker Travel Sentry Inc., saying the company may be liable for jointly infringing a lock patent with the Transportation Security Administration. Brahma is quoted about the court’s broad definitions and reasons that its decision could be used by patent owners to argue for joint infringement liability in other scenarios. He adds, “This decision should be pretty concerning to alleged infringers, particularly those in industries where this typically comes up.” He notes that high-tech and pharmaceutical products often involve multiple actors performing some steps of a patent.