Divided Patent Infringement and Inducement: Protecting IP Rights and Allocating Liability

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, October 31, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel on handling divided infringement claims when enforcing patent rights. The panel will review recent court decisions and outline steps to protect IP rights and allocate liability in the event of infringement.


The Federal Circuit recently provided guidance on divided infringement and inducement of infringement. In its Eli Lilly & Co. v. Teva Parenteral Medicines (Fed. Cir. 2017) ruling, the court indicated it would consider liability for divided infringement beyond the Akamai test and provided a broader interpretation.

Counsel to businesses enforcing patent rights, or those seeking to avoid liability, must fully grasp the Federal Circuit’s stance on culpability for actively performing elements of a claimed method or for inducement in providing a method for infringement. Practitioners must arm themselves with litigation strategies to assert or defend against direct and induced infringement.

Listen as our authoritative panel of patent attorneys examines court rulings on divided infringement claims, outlines steps that counsel to patent owners should take to protect IP rights, and offers strategies for minimizing risks when partnering with other companies.



  1. Court treatment
  2. Strategies for protecting IP rights
    1. Patent prosecution
    2. Patent claim drafting considerations
    3. Assessing risk of partnerships to allocate potential liability
    4. Litigation issues and strategies


The panel will review these and other key issues:

  • How are the federal courts treating the issue of divided infringement?
  • What guidance is offered in recent decisions concerning the agency relationship and infringement?
  • What steps can companies and counsel take to assess their risk when partnering with other companies to minimize potential exposure?


Irving, Thomas
Thomas L. Irving

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

Browning, Paul
Dr. Paul W. Browning

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

Rudolph, Barbara
Barbara R. Rudolph, Ph.D.

Finnegan Henderson Farabow Garrett & Dunner

Dr. Rudolph has successfully litigated complex Hatch-Waxman Paragraph IV Abbreviated New Drug Application and...  |  Read More

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