Codified in the Patent Act Under 35 U.S.C. 271(b) (inducement of infringement), indirect liability for patent infringement frequently occurs when a defendant makes and sells an article that is “capable” of infringing the patent and the article is accompanied by instructions on how to use the device in a manner that would infringe the method.  See Moleculon Research Corporation v. CBS, Inc. 793 F.2d 1261 (Fed. Cir. 1986) (method for solving Rubik’s Cube).

Patent Infringement