Finding The Mastermind In Joint Infringement Suits

Law360, New York (December 21, 2010, 2:55 PM EST) -- The Federal Circuit's recent decision in Golden Hour Data Systems Inc. v. emsCharts Inc. and Softtech [1] emphasizes the challenge companies faces when entering into partnerships (which have become increasingly common to save costs) where their joint product may be subject to a claim of patent infringement. While the traditional standard for infringements requires that the patentee find a single party liable for practicing each and every element of a patent claim, the Federal Circuit has held that an offending party cannot avoid liability by delegating...
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