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

A finding of liability for direct patent infringement in the U.S. is typically based on the infringing actions of a single entity, either a natural or legal person.

However, under the doctrine of “divided infringement”, a single entity can perform fewer than every step of a patented method or make use of fewer than every element of a patented system and still be liable for direct infringement.

In this article, David Loretto will explain how the doctrine of divided infringement has been applied in U.S. courts to impose liability for patent infringement on single entities based on the collective action of multiple entities and how such understanding can add value for patent owners and potential infringers alike.

Read the article here.