The recent Federal Circuit decision in CloudofChange, LLC, v. NCR Corp. shed light on the differences between the element-based analysis for assessing vicarious liability for patent infringement in the case of method claims on one hand, and the whole-system based analysis for system claims on the other. Plaintiff CloudofChange asserted a direct infringement theory against defendant NCR, based only on use of a claimed system, and a theory of vicarious liability based on that same alleged direct infringement.

For a complete copy of this article from New York Law Journal, please click the title link below:

Liability for Patent Infringement: System vs. Method Claims