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· 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 CourtListener

Sourced 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.