Divided Infringement Of System Claims After Centillion
April 17, 2013, 12:24 PM EDT
Law360, New York (April 17, 2013, 12:24 PM EDT) -- After the Federal Circuit's Centillion Data Systems LLC v. Qwest Communications International Inc., 631 F.3d 1279 (Fed. Cir. 2010) decision and the district court decisions that have followed, it is clear that joint or divided infringement can be a powerful defense to patent infringement regardless of whether the asserted claims are method claims or system claims.
In the Centillion decision, the Federal Circuit admittedly addressed for the first time, the issue of infringement under Section 271(a) for "use" of a system claim that contains limitations that...