"Joint Infringement Revisited: Agency Relationship or Contractual Obligation Now Required," R. Eric Gaum, Esq.

On December 20, 2010, the U.S. Court of Appeals for the Federal Circuit further limited the doctrine of joint infringement in Akamai Technologies, Inc. v. Limelight Networks, Inc. The Court held "as a matter of Federal Circuit law that there can only be joint infringement when there is an agency relationship between the parties who perform the method steps or when one party is contractually obligated to the other to perform the steps."