When is a system claim infringed?

A system claim is a claim covering a product, a machine, or any similar physical invention.

In Intellectual Ventures LLC vs Motorola Mobility LLC (Sept. 13, 2017) the Federal Circuit Court observed that –

To infringe a system claim, the infringer must control and benefit from all claimed elements of the system. If the infringer benefitted from the system as a whole, but not from each claimed element, the use does not constitute infringement.

Relying on the aforesaid ratio the Fed. Cir. reversed the findings of district court as to infringement by Motorola.

Siddhant Sharma

Siddhant is currently enrolled in a six year law programme at one of India's premier private law schools, due to graduate in April, 2018. His journey as a techno-legal student started in year 2012 as a matter of fate than choice, but since then legal studies have embarked and impressed upon him the desire to pursue advocacy, in particular corporate and commercial litigation. Apart from academics, he has always been interested in, and still continue to be inclined towards, niche practice areas and entrepreneurial endeavours. He finds joy in writing about Patents.

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