“Under 35 U.S.C. § 271 and Supreme Court precedent, may a patentee prove literal infringement, not by comparing the accused product to the asserted claim and showing that each limitation in the claim is present in the accused product, but instead by relying on the essentiality of its patent to an industry standard?”
“If so, for a patentee to rely on an industry standard in proving infringement, must the court first construe the asserted claims and conclude as a matter of law that their reach covers each implementation of the standard, or may the jury undertake that analysis as a matter of fact at trial?”
