When drafting these claims, one should ordinarily try to draft them in such a way that a single party will be the one performing all of the recited elements of the claim. Otherwise, you may wind up with a situation where Party A performs steps 1 and 3, Party B performs steps 4 and 5, and Party C performs steps 2 and 6. All the steps of the claim are being performed. However, there are no parties available to sue for direct infringement, because you cannot point to a single party that performs all of the steps. In these cases, you are therefore relegated to trying to prove indirect infringement, which in many cases (or even most cases), is going to be a much tougher hill for you to climb.
Therefore, always think about parties when drafting your claims.
Therefore, always think about parties when drafting your claims.
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