Divided Infringement After Eli Lilly V. Teva

Law360, New York (April 18, 2017, 11:57 AM EDT) -- Eric Steffe

Marsha Rose Gillentine

Brenda Crabtree The rapidly growing field of precision medicine involves classifying individuals through diagnostic testing into subpopulations that differ in their susceptibility to a particular disease. These diagnostic tests are often performed by various people, including health care professionals who collect samples and laboratory personnel who assay the samples and generate data. The involvement of multiple people during the testing process is potentially problematic for patent owners in view of case law holding that direct infringement cannot be based on actions...
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