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Hunter Keeton

Shareholder, Litigation Practice

Wolf Greenfield

Hunter Keeton is a Shareholder in the litigation group at Wolf Greenfield in Boston. He focuses his practice on litigation in the areas of patent, trademark, trade dress, copyright, domain name disputes and internet cases. He has extensive experience representing clients in federal district court and state court, and before the International Trade Commission. Several times after securing complete victory for clients     at the lower court level, Hunter was the primary drafter on appeals briefs to the Federal Circuit that led to full affirmances. He has also worked on a number of inter partes reviews, reexaminations, and post-grant matters, while  ensuring that those strategies also complement the litigation strategy. Hunter is based in the firm’s Boston office.

Recent Articles by Hunter Keeton

Considerations in Divided Infringement Based on Recent Case Law

Divided patent infringement—also called “joint infringement”—is a doctrine plaintiffs can use to allege infringement where more than one party may have participated in a patent’s claimed steps. While the fundamental rules here have been set since 2015, a few recent district court cases set out some new considerations for both plaintiffs and defendants. A handful of U.S. Court of Appeals for the Federal Circuit decisions have been instrumental in shaping this area of law. The Akamai v. Limelight Networks case clarified that a single entity can be found liable for infringement if it “directs or controls” another’s action or forms a joint enterprise. It also created a new test for finding joint infringement, if an entity conditions participation or receipt of a benefit on performance of the patented method, and controls the manner and timing of the performance. Later cases Eli Lilly & Company v. Teva Parenteral Medicines and Travel Sentry v. Tropp clarified how this “conditions or benefits” test applies in the context of pharmaceutical and mechanical method patents.