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Moreover, the Federal Circuit reiterated that the second Akamai step no longer requires the first-party serve as the “mastermind” to the second. 4The court also relied on TSA’s representation that it would undertake “good faith efforts” to use the locks in its prong one analysis, finding that this representation could amount to a sufficient “condition” to receive a benefit. In particular, the court, applying the first Akamai prong, found that TSA realized a tangible “benefit” by using Travel Sentry’s technology to identify, open, and inspect checked baggage. 3The Federal Circuit found divided infringement. This arrangement was governed by a “Memorandum of Understanding.” The relevant divided infringement issue was whether Travel Sentry could be found to directly infringe a method claim where the TSA performed the last two steps of the method in an infringing manner during airport screening. Travel Sentry offered to provide 1,500 “master keys” to the Transportation Safety Administration (TSA) for use during screening. In Travel Sentry, the accused infringer (Travel Sentry), designed and licensed locks for luggage that could be opened either by the owner entering a combination or by a screening agency using a master key. The Travel Sentry court applied these Akamai legal standards to its facts. (2) “establishes the manner or timing of that performance.” 2

(1) “conditions participation in an activity or receipt of a benefit upon performance of a step,” and In Akamai, the en banc Federal Circuit held in part that the acts of multiple parties can be combined for the purposes of direct infringement when the first party: Specifically, those asserting method claims in litigation and facing an uphill battle in proving the additional requirements for induced or contributory infringement may have better luck under a divided infringement theory. 1Under this broadened standard, divided infringement may provide a viable alternative to indirect infringement. in a way that broadened the scope of divided infringement liability by allowing the doctrine to cover a new landscape of contractual relationships. Court of Appeals for the Federal Circuit applied the two-step divided infringement test from Akamai Technologies Inc.