“Divided Infringement after ‘Akamai’ and other Hot Topics in Patent Litigation”

November 8, 2016Presentation
IP Strategy Summit: Chicago

IP Litigation Partner Thomas L. Duston presented a case study titled “Divided Infringement after ‘Akamai’ and other Hot Topics in Patent Litigation” at the 2016 IP Strategy Summit, held on Tuesday, November 8, 2016, at Swissotel Chicago.

Patent law is ever changing, but judicial and proposed and actual legislative changes have been particularly pronounced in recent years. These changes have and will transform patent litigation.

The presentation explored:

  • The implications of the Federal Circuit’s recent Akamai decision for divided infringement scenarios, e.g. medical diagnostics and treatment, cloud computing, software as a service (SaaS) and application programming interfaces (APIs)
  • Recent judicial venue challenges and the prospect of Congressional action restricting available venues
  • The evolving law regarding indefiniteness and functional claiming
  • Developments in the area of patent damages, including apportionment, exhaustion, and judicial acceptance of new damage theories, such as the Nash Bargaining Solution
  • Updates on patentable subject matter, laches, extraterritorial infringement, and other recent developments
  • Tactical litigation implications