· 1/20/2011
Centillion Data Systems, LLC v. Qwest Communications International, Inc.
Citations
- 631 F.3d 1279
- 97 U.S.P.Q. 2d (BNA) 1697
- 2011 U.S. App. LEXIS 1117
- 2011 WL 167036
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant Qwest, as the operator of “back-end processing elements,” could not infringe because the claimed invention required an end-user customer to initiate communications with the defendant’s equipment
- explaining that in order to “make” a system, the alleged infringer “would need to combine all of the claim elements”
- explaining that if the defendant did not “use” the patented invention itself, the plaintiff must show that the defendant is vicariously liable for the acts of others
- “Supplying the software for the customer to use is not the same as using the system.”
- using the same standard to analyze infringement of both system claims and apparatus claims
- analyzing system claims under a different framework: “to ‘use’ a system' for purposes of infringement, a party must put the invention into service, i.e., control the system as a whole and obtain benefit from it”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Linn, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.