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Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies
Part 2: Decisions Since Akamai and Practice Insights

Reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai

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This two-part article explores the new joint infringement standard set forth in the Federal Circuit’s 2015 Akamai v. Limelight decision, 797 F.3d 1020, 1023 (Fed. Cir. 2015). Part 1 deconstructed the new standard and identified several ways in which courts could interpret and apply it. Part 2 reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai.

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