Kubasta Speaks on Patent Litigation and Defense of Divided Infringement at Intellectual Property Law Symposium
Kelly Kubasta, partner at Klemchuk Kubasta LLP, presented during the patent litigation portion of the 11th Annual Intellectual Property Law Symposium on February 19, 2010. The Texas Intellectual Property Law Journal sponsored the symposium, which was held at the Eidman Courtroom of the University of Texas School of Law in Austin, Texas.
The topic of Mr. Kubasta’s presentation was "Technology System Claims: Easy Targets for Divided Infringement & Hybrid Subject Matter Defenses." Divided infringement involves a patent claim that requires two parties working together before infringement can occur. Hybrid subject matter refers to a patent claim that mixes both a system and a method for using that system into a single claim. In multiple cases over the last several years, accused infringers have successfully asserted the defenses of divided infringement and hybrid subject matter both at the district court level and at the Court of Appeals for the Federal Circuit. "Although system claims are commonplace, patent practitioners often overlook that such claims could be subject to these defenses," Mr. Kubasta explained. "My presentation offered practical advice both to patent litigators and to patent prosecutors – how to successfully assert the defenses of divided infringement or hybrid subject matter at litigation, and how to draft patent claims to minimize the risk associated with such defenses."
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