Federal Circuit Summary for Week Ending July 7, 2023
Inguran, LLC v. ABS Global, Inc., No. 2022-1385, (July 5, 2023) (precedential, 3–0) U.S. Patent No. 8,206,987 (the ’987 patent; assigned to Inguran LLC)
When induced infringement was not (and could not have been) asserted in a prior action for direct infringement:
- A claim for induced infringement may be brought in a later action.
- A judgment addressing direct infringement in the prior action (a) is not a basis for precluding a claim for induced infringement in a later action, and (b) may not be construed to cover induced infringement in the prior action.