Supreme Court Rejects a Good Faith Belief of Invalidity as a Defense to Inducement

A party is liable for inducing infringement under 35 U.S.C. § 271(b) if it knowingly causes another party to perform the acts of infringement.  Because knowledge of infringement is a requirement for inducing infringement, the inducer’s good faith belief that the activities he is inducing are non...
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Supreme Court Reviewing Whether a Good Faith Belief in Invalidity Serves as a Defense to Inducement

On December 5, 2014, the Supreme Court granted a petition for writ of certiorari for Commil, USA, LLC v. Cisco Systems, Inc.  The Supreme Court will hear the case on March 31, 2015.  The Court will review whether a defendant’s belief that a patent is invalid serves as a defense to induced infrin...
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