In Akamai Technologies v. Limelight, The Federal Circuit created a new type of multiple actor infringement called divided infringement. The divided infringement standard created by Akamai clashes with The Patent Act. It allows courts to increase the scope of method patents after an infringing act occurs, and it renders the concept of inducement of infringement unnecessary. This comment examines the evolution of the divided infringement standard up to Akamai and Eli Lilly Company v. Teva Parental Medicines, Inc, a case that applies the Akamai standard to a therapeutic method patent. It ultimately concludes that the solution to multiple actor infringement of therapeutic method patents lies in careful claim drafting or statutory revision, rather than the divided infringement standard.
Katie Silikowski, A Methodical Look at Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016)