The Divide Over The Divided Infringement Defense

Law360, New York (April 25, 2011, 3:55 PM EDT) -- Over the past several years, the Federal Circuit has issued a series of precedential opinions that have steadily increased the stability of patent law’s so-called divided infringement defense. The defense now poses a significant and often insurmountable challenge to patentees asserting claims requiring action by multiple parties.

Judge Richard Linn continued the trend earlier this month with his majority opinion in McKesson Techs. Inc. v. Epic Sys. Corp., --- F.3d ---, 2011 U.S. Dist. LEXIS 7531 (Fed.Cir. 2011); however, McKesson’s dissent and concurring opinions showed that...
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