Susmita Gadre

Associate, Litigation Practice

Wolf Greenfield

Susmita Gadre is an Associate in the litigation group at Wolf Greenfield in Boston. She focuses her practice on patent litigation.

While in law school, Susmita was a member of the Northeastern University Law Review, and participated in the National Appellate Advocacy Competition. Before joining Wolf Greenfield full time, she was a summer associate at the firm. During her time at Wolf Greenfield, Susmita assisted with various cases in the litigation group.

Susmita was also a legal intern at Sigfox and LiquiGlide. There, she focused on supporting the in-house counsel with a variety of matters, focusing on contracts work and intellectual property, respectively. Susmita spent another co-op working for The Honorable Donald L. Cabell (Magistrate Judge, D. Mass.), where she helped research cases and observed district and appellate proceedings.

Recent Articles by Susmita Gadre

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.

December 2, 2022

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