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

Practices: Intellectual Property

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.
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