When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?
Patently-O
DECEMBER 11, 2023
Assume also that the company selling the software doesn’t provide specific instructions on how to use the five features, thus taking potential liability outside the realm of § 271(b). This issue arose in the context of calculating lost profit damages in a 1995 decision of the en banc Federal Circuit, Rite-Hite Corp. Kelley Co. ,
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