Performance of Methods’ Steps, Not Just Sales, Needed for Infringement, Court Says

Infringement of a patented method requires the performance of the methods’ steps and not just the sale of the defendants’ antisense drug discovery tools, a federal district court held June 4 (Isis Pharm., Inc. v. Santaris Pharma A/S Corp., S.D. Cal., 3:11-cv-02214-BTM-KSC, motion granted 6/4/14).

In a close reading of the case law, Judge Gonzalo P. Curiel of the U.S. District Court for the Southern District of California wrote that the U.S. Court of Appeals for the Federal Circuit in NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282, 1318 (Fed. Cir. 2005), had recognized ...