United States Federal Circuit

Summary judgment granted to defendants on plaintiffs' allegations that defendants casino gaming devices and methods for awarding a progressive prize through a bonus game infringed plaintiffs' patents is: 1) affirmed in part on the district court's claim constructions and its ruling for defendant on direct infringement where no material issue of fact existed as to defendant's lack of direction or control over the player.; but 2) the district court's ruling on indirect infringement is vacated and remanded because recent case law clarified that a party who knowingly induces others to engage in acts that collectively practice the steps of the patented method, and those others perform those acts, can have precisely the same impact on the patentee as a party who induces the same infringement by a single direct infringer, and plaintiff should be given the opportunity to present this theory.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel