Be Careful What You Say: Patenting and Licensing Strategies in View of Joint Infringement and Patent Exhaustion Developments

Recent decisions from the U.S. courts have had a significant impact on the ways in which practitioners are crafting patent applications and licensing the resulting patents. Decisions such as the Federal Circuit’s en banc decision in Akamai Technologies have clarified when a party can be liable for inducing infringement even if no single entity practices all the steps of a claimed invention. Similarly, the Supreme Court’s recent decision in Quanta Computer and its copyright decision in Kirtsaeng have provided further clarity on issues relating to patent exhaustion. But even after these decisions, many questions still remain regarding these issues and how to best account for these recent developments when drafting patents and patent license agreements. 

Please join our panel as they discuss the recent developments in the areas of joint-infringement and patent exhaustion and provide practical advice on how to best take advantage of these opportunities. Topics will include:

• Infringement issues for proving joint-infringement
• Claim drafting strategies to increase the likelihood of covering direct infringement 
• Strategies for drafting license agreements to help address exhaustion issues
• International exhaustion of patent rights

Moderator:

Anthony C. Tridico

Speakers:
D. Brian Kacedon 
Timothy P. McAnulty

Date:
Wednesday, October 2, 2013