Divide And Prosper? Trends In Divided IP Infringement

Law360, New York (December 1, 2010, 11:56 AM EST) -- Recent changes in the doctrine of divided patent infringement have important ramifications in patent valuation, claim drafting, licensing, patent litigation and preparing patent opinions. The doctrine of divided patent infringement comes into play if no single party practices each element of a claim.

Traditionally in order to directly infringe a patented process, a single party must practice each and every step of the invention. Divided infringement becomes an issue when two or more different parties are required to infringe the claims of a patent.

A party...
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