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If any law student out there is looking for a note topic, divided infringement and contract illegality might make for an interesting topic.  Namely, to the extent that a party argues that a contract obligates another party to commit an act that results in patent infringement via divided infringement, is that contract provision unenforceable for producing an illegal result, i.e., patent infringement.  And, if the contract provision is unenforceable for producing an illegal result, can direction and control for divided infringement be established by the unenforceable contract provision?

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