On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in patent infringement actions. In doing so, the court held that an infringer must benefit from all elements of a system claim in order to infringe, reversing and remanding a finding of infringement.
Intellectual Ventures sued Motorola in the United States District Court for the District of Delaware for infringement of various claims of U.S. Patent Nos. 7,810,144 and 7,120,462. The ’144 patent (“File Transfer System for Direct Transfer Between Computers”) relates to the process of transferring computer files electronically from one computer to another, with claim limitations directed to a “communications device” capable of transmitting to an “authenticating device” and with the said authenticating device “configured to generate a delivery report that indicates a delivery event and a time of the delivery event.”
Motorola allegedly directly infringed this claim through customers’ use of the accused system to send text-plus-photo messages using multimedia messaging service centers (MMSCs). However, Motorola argued that Intellectual Ventures could not show Motorola’s directly infringing “use” of the “authenticating device configured to … generate a delivery report.” Continue Reading