April 5, 2013

Federal Circuit Decision for Week Ending November 9, 2012

Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2011-1559, 2012-1016 (November 5, 2012) (precedential) (3-0) Patent No. RE40,449

Key point(s):

  • Whether a given reference qualifies as a “printed publication” turns on case-specific facts and circumstances as to whether the reference was sufficiently available to the public interested in the art prior to the critical date.
  • Liability for direct infringement of a method claim requires that one party either performs every step of the claimed method or exerts direction or control over any such steps performed by others.

Related Team:

Jerry R. Selinger