- Mitek Systems 23-1687.pdf

• Induced-infringement-based DJ standing premised on the patentee’s claim charts/allegations against customers.: For inducement, DJ jurisdiction requires some indication the patentee’s assertions imply the supplier took affirmative steps to encourage performance of the claim as a whole; where claim charts and evidence cite supplier materials for only some limitations and do not suggest the supplier encourages the remaining limitations, there is no substantial controversy as to inducement.
• Contributory-infringement-based DJ standing where the record does not suggest absence of substantial noninfringing uses.: Absent patentee assertions or evidence implying the supplier’s product is not suitable for substantial noninfringing uses, a supplier fails to show a reasonable potential for contributory infringement; products equally capable of infringing and substantial noninfringing uses do not support a contributory infringement controversy.