Joint and Divided Infringement Post- Akamai — Adjusting Claim Drafting and Litigation Techniques

March 5, 2015 10:00am

Tom Wolfe
Senior Patent Counsel
Medtronic Spinal and Biologics

Robert A. Surrette
McAndrews Held & Malloy Ltd.

Sarah Cooleybeck
Foley Hoag LLP

With the Supreme Court’s decision of Limelight v. Akamai, the landscape of joint or divided infringement has been changed. Lack of attention to divided infringement during claim drafting can defeat the value of patents for a device company. Meanwhile, existing patents may be more susceptible to attack. Drawing from recent case law, this session will identify industry areas or types of medical device patents that are prone to attack. Additionally, the panelists will discuss how to draft claims going forward to safeguard against divided infringement issues, and how to handle all aspects of litigating such a claim.