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BPLA Case Law Committee Meeting
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8:15-8:30am: Arrival and networking 8:30-9:30am: Case discussion

When: 8:15 AM - 9:30 AM
Where: Cabot Corporation’s Boston
Two Seaport Lane, 13th Floor
Boston, Massachusetts  02210
United States
Contact: Valarie Rosen, Co Chair

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 All are welcome to join us 

for our next case law discussion!



 BPLA Case Law Committee Meeting

Friday, March 3, 2017


8:15-8:30am - Arrival and networking

 8:30-9:30am - Case discussion




Two Seaport Lane, 13th floor

Boston, MA 02210


Discussion Leader: Reza Mollaaghababa, Ph.D.,Pepper Hamilton LLP

Location Host:  Valarie Rosen, Cabot Corporation


Case Law: Medgraph, Inc. v. Medtronic, Inc. (Click here)


This case involved an appeal to the CAFC by Medgraph from the district court decision of non-infringement of the claims of two US patents (5,974,124 and 6,122,351). The claimed technology relates to systems and methods for facilitating diagnosis and treatment of patients, whereby data relating to medical variables, such as measured blood sugar levels of a diabetic patient, are uploaded to a central storage device. The data can be accessed remotely by medical professionals treating the patient.

A central issue in the case was the legal standard for divided infringement. As the case was being litigated, a series of decisions were issued by the CAFC and the U.S. Supreme Court in the case of Akamai Technologies, Inc. v. Limelight Networks, Inc. relating to the standard for divided infringement of method claims, culminating in a panel decision by CAFC that broadened the scope for attributing a third party’s actions to an accused infringer. On appeal, Medgraph argued that given the change in the law of divided infringement, the district court’s decision should be vacated and remanded to allow for additional discovery. The CAFC did not agree and held that under any of Akamai standards, Medtronic did not infringe Medgraph’s methods because Medgraph failed to provide any evidence that an entity or a group of entities performed all the steps of the methods.


We will briefly review the Akamai cases and will discuss the CAFC decision in this case, and in particular, its refusal to remand the case to the district court for additional discovery. We will also discuss if Medgraph’s method claims could have been drafted in a way to avoid a divided infringement analysis. The cases are available on BPLA’s case material archive HERE


Registration closes at 5 pm on TUESDAY, February 28.

Attendance is free, but advance registration is required.

Please bring a picture ID with you.


Valarie Rosen
For the BPLA Case Law Committee



 Case Law Committee Co Chairs
 James Lampert, WilmerHale, Retired
 Yvonne Lee, WilmerHale
 N. Scott Pierce, Hamilton Brook Smith Reynolds
 Valarie Rosen, Cabot Corporation
 David Thibodeau, Cesari and McKenna



Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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