Contributory Infringement

I seem to recall reading somewhere that you can't bring a claim of contributory infringement unless there is also a direct infringement. But I can't find it now, and I'm beginning to wonder if I just made it up. Does anyone on the list know whether "contributory infringement" constitutes a claim in its own right, or must be attached to a claim of direct infringement? It seems evident to me that there can't be a contributory infringement unless there is a direct infringement; but I remember cases like the Sony Betamax case, where it was claimed that distribution of VCRs contributed to infringement, but I don't believe any end users were actually sued for direct infringement. So the questions are:

(a) Can you make a claim for contributory infringement alone?

(b) If not, is it sufficient merely to show that there is or could be

    a direct infringement? or

(c) Do you have to actually name a direct infringement defendant in

    order to bring an action against a contributory infringement     defendant?

Thanks for any help anyone can offer.

Bob Cumbow
Perkins Coie LLP
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Thu Sep 24 1998 - 17:47:31 GMT