Wednesday, April 27, 2016

Largan loses at CAFC; its circumstantial evidence of direct infringement was insufficient

Appellant Largan Precision, represented by Donald Dunner, lost its appeal at the CAFC, with the CAFC finding that no reasonable jury could have found induced infringement.

Genius Electronics argued that there was no evidence of DIRECT infringement by Apple, and thus there could be no induced infringement. [See Epcon v. Bauer, 279 F.3d 1022].

Largan's evidence of direct infringement was circumstantial, and, here, insufficient to establish a prima facie case.


Of the appellant's counsel:

DONALD ROBERT DUNNER, Finnegan, Henderson,
Farabow, Garrett & Dunner, LLP, Washington, DC,
argued for plaintiff-appellant. Also represented by
Alto, CA.

Of the matter of evidence:

We hold that the district court properly granted
summary judgment of no induced infringement because
Largan failed to offer evidence of direct infringement by
Apple. Largan did not offer evidence that any Apple
product sold in the United States contained an accused
Genius lens. Instead, Largan only presented evidence
that Genius lenses are incorporated in some Apple products
manufactured in Asia and that some Apple products
are sold in the United States. Given the evidence of
record, which includes the volume of Largan and Genius
lenses supplied for Appleā€™s worldwide distribution of
products, Largan supplies such a large volume of lenses in
the relevant Apple products that all of those products sold
in the United States could contain Largan lenses.1


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