Direct Infringement

A party cannot avoid direct infringement of a process or method patent merely by having another entity connected to it perform one or more of the required steps.  Under such facts, the party that is contracting out part of the process or method in completing the process may be infringing the patented invention because that party, through its connection with the entity performing only part of the process, is in actuality performing the combination of each and every step of the claimed method.  (Marley Mouldings Ltd. v. Mikron Industries Inc., ND Ill. 4/29/03).


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