News & Analysis as of

Divided Infringement

Argument for Divided Infringement Goes Off the Rails

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that divided infringement did not occur where claimed data processing was performed by a third party at defendant’s request, and that lost profit damages can be...more

At The Bench: 2017 Mid-Year Case Review

Impression Prods. v. Lexmark Int’l, 137 S. Ct. 1523, 581 U.S. ___ (2017) The Supreme Court held that all patent rights are exhausted upon the first sale of a patented product, regardless of where the sale is made or...more

Business Litigation Report - July 2017

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

Impact of Eli Lilly v. Teva Parenteral Medicines Inc. on Divided Infringement

The Federal Circuit in Eli Lilly v. Teva Parenteral Medicines Inc., 845 F.3d 1357 (Fed. Cir. 2017), recently addressed the issue of “divided infringement” in the context of pharmaceutical patents for the first time since its...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. Please see full publication below for more information....more

McDermott International Legal Highlights - April 2017

by McDermott Will & Emery on

DOJ Policy Updates Signal Continuity of Antitrust Program - The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more

Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided Infringement

by WilmerHale on

Do physicians ‘‘condition participation’’ of drug therapy based on patients’ compliance with drug manufacturer instructions regarding how to take drugs? Do physicians withhold medically necessary drug therapy from patients...more

ANDA Update - March 2017 Volume 3, Number 1

by McDermott Will & Emery on

Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff...more

Federal Circuit Review | February 2017

by Knobbe Martens on

“Common Sense” Alone Is Not a Sufficient Motivation to Combine References - In In Re: Van Os, Appeal No. 2015-1975, the Federal Circuit held that the Patent Trial and Appeal Board’s reliance on intuition or common sense...more

Multiple Actors May Perform Steps in Method Claims for Purposes of Inducement

by McDermott Will & Emery on

Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of induced infringement even though no single actor performed all steps of the asserted...more

Federal Circuit Review | January 2017

by Knobbe Martens on

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR,...more

Divided Infringement – Expanding Patent Infringement Liability

by Weintraub Tobin on

In 2015, the Federal Circuit Court of Appeals cast the net of patent infringement liability even more broadly, to cover direct infringement by “divided” (or “joint”) infringement. Akamai Technologies, Inc. v. Limelight...more

[Webinar] Best Patent Practices in a Transforming Environment | Part I: Evolving Strategies for Patent Procurement - Feb. 22nd,...

by Robins Kaplan LLP on

Today’s patent practice is rapidly transforming.  The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages.  Now more than ever, innovative companies need to adopt best practices to...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Infringement of Method Claim Still Requires Performance of Every Claimed Step

by McDermott Will & Emery on

Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of patent owner’s claims of infringement because not all steps of the claim were performed,...more

Federal Circuit Provides Guidance on Divided Infringement, Inducement of Infringement, and Indefiniteness

by BakerHostetler on

Patent owners will applaud the Federal Circuit’s latest pronouncement on divided infringement, inducement of infringement, and claim definiteness under 35 U.S.C. § 112. Eli Lilly & Co. v. Teva Parenteral Medicines, Inc.,...more

Women in IP Law: panel examines divided infringement, cyber-risk

by DLA Piper on

In September, DLA Piper hosted its tenth annual Women in IP Law CLE program at the Four Seasons Silicon Valley. Over 100 attendees enjoyed a celebratory cocktail reception and networking opportunity following a panel...more

The Internet of Things: Divided Infringement

Some analysts predict the Internet of Things (IoT) market will grow from nearly $2 trillion in 2013 to $7 trillion in 2020. With this rapid growth comes new challenges for companies trying to protect and enforce their patent...more

Claim Construction Disputes Should Be Affirmatively and Formally Raised

by McDermott Will & Emery on

Addressing the preservation of claim construction disputes for appeal and issues of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court, explaining that O2 Micro only requires the...more

CAFC Says Functional Claim Language Does Not Create Divided Infringement

by Foley & Lardner LLP on

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a divided infringement situation, even though an independent actor could impact...more

Federal Circuit Applies Broadened Test For Divided Infringement

by Weintraub Tobin on

On April 18, 2016, the Supreme Court denied certiorari in Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir., August 2015) (“Akamai IV”), cert. denied, 2016 U.S. LEXIS 2768. The Court declined...more

Divided Infringement Between Doctor and Patient

by Foley & Lardner LLP on

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related technologies, where a user or customer performs one or more steps of a patented method. Now the issue has arisen in the...more

Federal Circuit Review | September 2015

by Knobbe Martens on

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Divided Infringement: A Stronger Sword for Plaintiffs

by Weintraub Tobin on

The Federal Circuit Court of Appeals has established a new test for “divided” patent infringement. Direct infringement of a method patent exists when a single party performs all of the steps of the claimed method. 35 U.S.C....more

Federal Circuit Patent Updates - August 2015

by WilmerHale on

The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

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