Non-practicing entities (a.k.a. patent trolls) continue their relentless lawsuits against technology companies for patent infringement. One way to assess and mitigate the risk presented by these lawsuits is to see if a simple divided infringement defense exists. Divided, or joint, infringement occurs when several parties, as opposed to a single party, act in concert to infringe all elements of patent claims.
System claims
Suppose your company makes a billing system. This system has front-end client applications, which can be accessed by your customers, and a back end, which your company maintains. A rival company holds a patent for a system that collects, processes, and delivers information from a service provider to a customer. This rival company sues you for infringing its patent. Do you have a valid divided infringement defense?
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