"Divided" Infringement: Impact of BMC & Other Recent Opinions

Patent holders are filing actions against the "deep pockets" defendant, but the most attractive target may not meet all the claim limitations. Often, the patent claims at issue — particularly claims that relate to Internet business methods — specify actions and/or systems that are performed, owned and operated by multiple entities. The patent holders allege direct infringement and/or indirect infringement when clearly the target is one actor of many in the alleged infringement. The Federal Circuit's opinion in BMC Resources, Inc. v. Paymentech, L.P. , (Sept. 26, 2007) appears to raise the bar for proving infringement of a method claim. In this session, two seasoned patent litigators will analyze some of the recent opinions in search of what theories are prevailing in court now.