Divided Infringement of U.S. Patents:
Risks and Opportunities

Presented by David Loretto, U.S. Patent Attorney at aera

Though liability for U.S. patent infringement usually requires a single entity to be held responsible for direct infringement, multiple entities can also be found liable, where one entity ”directs” or ”controls” the performance of the others or where the entities form a joint enterprise. Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020, 1022 (Fed. Cir. 2015) (en banc).

All else being equal, the likelihood of such ”divided infringement” is greater for networked inventions and high-tech and biopharmaceutical inventions, which often include subject matter (“abstract ideas”, “laws of nature” and ”natural phenomena”) considered patent ineligible in the U.S.

At this first edition of Open Minds, David Loretto will give you an understanding of how divided infringement has been applied in U.S. courts and how such understanding can add value for patent owners and potential infringers alike.

LOCATION:
aera
Niels Hemmingsens Gade 10, 5th floor
Copenhagen