Category Archives: Divided Infringement

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Protecting Diagnostic Innovation – Two Actor Infringement Liability

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur: ”where all steps of a claimed method are performed by or attributed to a single entity…Where more than one actor is involved in practicing the steps, a … Continue reading this entry

Managing IP Risk in the Age of Personalized Medicine

As discussed on Foley’s Health Care Law Today blog, personalized medicine treatment trends and innovations are leading diagnostic and therapeutic companies to form complex arrangements and partnerships with the ultimate goal of delivering improved patient treatment. Diagnostics are married to a single or multiple treatments. Devices connect patients with providers. Health care systems may partner with … Continue reading this entry

Supreme Court to Review Divided Infringement

The U.S. Supreme Court has agreed to review a Federal Circuit decision that could impact the enforcement of patents covering certain technologies relevant to the personalized medicine industry, e.g., patented diagnostic methods and digital health. On January 10, 2014, the Court granted certiorari in Limelight Networks v. Akamai Technologies (12-786), to review the issue of … Continue reading this entry