Update on Divided and Indirect Infringement

Since 2018, the federal courts have provided more guidance for “divided” infringement by multiple factors, by applying the Federal Circuit’s decision in Travel Sentry v. Tropp (December 19, 2017). These federal court decisions further explain divided infringement as an alternative to indirect infringement.

Intellectual property partners Christopher Bright and Janice Logan and associate Jiazhen Guo reviewed the background of divided and indirect infringement and recent case development in this area. They also discussed how to draft claims in view of these developments to capture divided and indirect infringement scenarios.