Part One of a Two-Part Series
How many actors does it take to infringe a patent? At least in the case of a U.S. patent, the answer is “One ' and only one.”
Problems Proving Infringement of Method Claims When Multiple Actors Involved
How many actors does it take to infringe a patent? At least in the case of a U.S. patent, the answer is "One — and only one." This question is more than just a not especially amusing riddle. Rather, it calls attention to an issue that is likely to assume much greater importance in coming years: the need, as a prerequisite to showing infringement of a U.S. patent, to identify a single legal "actor" to whom each and every of the infringing elements of an accused system or process may be attributed.
By
Michael J. McNamara And Peter J. Shen, Ph.d.This premium content is locked for LawJournalNewsletters subscribers only
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