This question might be too detailed for this site, but I will give it a shot...
This question relates to divided infringement and when a method claim will have multiple actors.
Consider the following claims:
A method comprising: a customer sending an unpainted item to a painter, the painter painting the item, and the painter sending the painted item to the customer.
A method comprising: a customer sending an unpainted item to a painter, wherein the painter paints the item and sends it to the customer.
A method comprising: a customer sending an unpainted item to a painter, and the customer receiving the item from the painter, wherein the received item was painted.
A method comprising: a customer sending an unpainted item to a painter, and the customer receiving a painted item from the painter.
Claim 1 is clearly divided infringement because there are two different actors performing explicit steps.
Claim 2 is pretty much the same thing, but the actions of the painter have been put into a "wherein" clause. It seems that this should also be divided infringement but I haven't found a case addressing this. Is there any law addressing this?
Claim 3 is trickier. Now the wherein clause describes the item but that description requires that someone performed an action on the item. If the painter painted the item, is this divided infringement?
Claim 4 seems to have virtually identical meaning to claim 3, but I would say that claim 4 is not divided infringement even if the painter had painted the item.
How does one draw the line for divided infringement for the above claims?