Mitigating Joint Infringement Liability After Del. Patent Ruling

Law360 (August 3, 2020, 2:53 PM EDT) -- On June 18, in Midwest Energy Emissions Corp. v. Vistra Energy Corp., the U.S. District Court for the District of Delaware granted a request to dismiss joint infringement allegations based on a joint-enterprise theory after finding that the plaintiffs had failed to adequately allege "an equal right to a voice in the direction of the enterprise, which gives an equal right of control."[1]

Indeed, this equal-right requirement is critical for the joint-enterprise theory of joint infringement. Understanding the requirement — and how to potentially avoid satisfying it — can make all the difference for potential infringers.

By way of background, infringement of...

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