Divided Infringement After Travel Sentry v. Tropp: Direct Infringement Liability for Third-Party Conduct
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel on the impact of the Federal Circuit’s decision in Travel Sentry Inc. v. Tropp on divided patent infringement claims. The panel will examine how the decision fits into the Akamai V framework and outline steps to protect IP rights and allocate liability in the event of infringement.
Outline
- Travel Sentry decision
- How it fits in the Akamai V framework
- Implications of the decision
- Joint infringement
- Jury decisions
- Other Federal Circuit decisions regarding divided infringement
- Divided infringement in pharma: Lilly v. Teva
- Guidance on the joint infringement standard and strategies, including claim drafting, to avoid it
Benefits
The panel will review these and other critical issues:
- How does the Travel Sentry decision change the playing field for divided infringement claims?
- What guidance does the Travel Sentry decision provide on the application of Akamai V?
- What steps can companies and counsel take to assess their risk when partnering with other companies to minimize potential exposure?
Faculty
Thomas L. Irving
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. Mr. Irving has served as lead counsel in many patent interferences.
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Dr. Paul W. Browning, Ph.D.
Partner
Finnegan Henderson Farabow Garrett & Dunner
Dr. Browning focuses on patent litigation and appeals. He has led teams as first chair at trial, at Markman... | Read More
Dr. Browning focuses on patent litigation and appeals. He has led teams as first chair at trial, at Markman proceedings, and on appeal. His litigation experience includes taking and cross examining witnesses at trial, briefing and arguing dispositive motions, drafting appellate briefs, and arguing cases on appeal. He has also managed day-to-day litigation activities in actions involving multiple parties. In addition, he advises clients on patent matters, including coordination of prosecution and U.S. and foreign litigation strategy.
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Barbara R. Rudolph, Ph.D.
Partner
Finnegan Henderson Farabow Garrett & Dunner
Dr. Rudolph has successfully litigated complex Hatch-Waxman Paragraph IV Abbreviated New Drug Application and... | Read More
Dr. Rudolph has successfully litigated complex Hatch-Waxman Paragraph IV Abbreviated New Drug Application and biotechnology cases over the past twenty years. She serves as lead counsel in pharmaceutical and biotechnology disputes and has extensive litigation experience in federal courts. She has argued before the U.S. Court of Appeals for the Federal Circuit and authored an amicus brief submitted to the U.S. Supreme Court in a landmark biotechnology patent case. She devises strategies to protect clients' valuable intellectual property involving sophisticated technologies in the pharmaceutical and biotechnology industries.
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