The Future of Joint Infringement in the U.S.: A Review of Akamai and McKesson and Their Potential Impact on Claim Drafting and Enforcement Strategies

The issue of joint infringement can arise when the elements of a claim require the combined acts of two or more entities. In such cases, it is not always clear whether direct or joint liability will apply, particularly in view of the relationship (or lack thereof) between the parties. Claim drafters and patent litigants have struggled with this complex issue for many years, and sought guidance from the leading decisions in this area, including BMC Resources, Muniauction, and Golden Hour.

On 18 November 2011, the Federal Circuit heard oral argument in two separate appeals, Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. Epic Systems, Corp., to reexamine the legal standards and requirements for joint infringement. While these cases involve inventions related to computerized methods and web-based technologies, the outcome of these en banc appeals will likely impact a wide range of inventions, including those related to wireless networks, e-commerce, mechanical systems, as well as those in the chemical and biotechnology fields.

During this webinar our speakers will:

• Examine the existing standards for analyzing joint infringement, including the nature and type of relationship that must exist between the entities accused of jointly infringing a claim
• Provide a detailed overview of the Akamai and McKesson appeals and the new or modified legal tests that may emerge from these cases in 2012
• Provide practical examples and tips so that claim drafters and patent litigants can better prepare for the future of joint infringement in the U.S.

This webinar is the first in Finnegan’s 2012 series, “Strategic U.S. Patent Series for European Counsel.” We hope you are able to attend.

Moderator

Anthony C. Tridico, Ph.D.

Speakers

C. Gregory Gramenopoulos
Kara F. Stoll

Date:
Wednesday, February 15, 2012

Time:

16:00 CET
10:00 EST