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Intellectual PropertyColumns & DepartmentsLitigationPatent LitigationThe Intellectual Property Strategist

IP News

By Jeff Ginsberg and David Cooperberg
March 01, 2018

Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement

On Dec. 19, 2017, a Federal Circuit panel of Judges Lourie, O'Malley, and Taranto issued a unanimous opinion, authored by Judge O'Malley, in Travel Sentry, Inc. v. David A. Tropp, Case Nos. 2016-2386, 2016-2387, 2016-2714, and 2017-1025. The panel vacated the district court's grant of summary judgment of noninfringement, finding a genuine factual dispute as to whether Travel Sentry directs or controls the performance of certain steps of the claims of U.S. Patent Nos. 7,021,537 (the '537 patent) and 7,036,728 (the '728 patent) issued to appellant David A. Tropp.

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