CloudofChange, LLC v. NCR Corporation, No. 23-1111 (Fed. Cir. Dec. 18, 2024)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case asks us to consider again whether to attrib- ute a custo mer’s use of a claimed system to the manufac- turer of only part of the system . Appellant NCR Corporation (“NCR”) appeals the United States District Court for the Western District of Texas’s denial of judg- ment as a matter of law (“ JMOL”) of no direct infringe- ment. NCR asserts it could not directly infringe the claims of U.S. P atent Nos. 9,400,640 and 10,083,012 as a matter of law because NCR itself does not use the claimed system; rather, its merchants do.