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 a Patent and Intellectual Property lawyer. He finds joy in exploring and writing about niche areas of law. He is finding better ways to describe the patent profession to a five-year old and a sixty-five year old.

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