Infringing by Using a System vs Making/Selling the System

by Dennis Crouch Omega Patents LLC v. CalAmp Corp. (Fed. Cir. 2019) Omega’s patents cover remote control and monitoring systems for vehicles.  The defendant, CalAmp, helps companies and governments monitor their vehicles (location and status, such as battery health and vehicle speed).  In the infringement trial, a Florida jury sided with the patentee – finding the patents willfully infringed and not invalid.  The district court then trebled the damages and awarded attorney fees — for a tidy sum of $15 million (with an ongoing royalty of $13 per unit). On appeal, the Federal Circuit has made several interesting rulings. In a later post, I’ll return to the validity issue. This post will focus on infringement: Some of Omega’s claims require both “a transmitter and a receiver for receiving signals from said transmitter.” (33 and 31 in the figure above).  CalAmp’s accused device has the transmitter, but the…

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