Topic: method claims are only infringed when the claimed process i… · Go Syfert
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Topic #34196

2 canonical passages across 2 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Ormco Corporation v. Align Technology.

#Case FlagCanonical passage Citers
1 Ormco Corporation v. Align Technology Anchor
cafc · 2006
green “method claims are only infringed when the claimed process is performed, not by the sale of an apparatus that is capable of infringing use.” 7
2 Moba, B v. Staalkat, B v. and Fps Food Processing Systems, Inc., Plaintiffs-Cross v. Diamond Automation, Inc.
cafc · 2003
green “the sale or manufacture of equipment to perform a claimed method is not direct infringement within the meaning of 35 u.s.c. 271 (a).” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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