Category Archives: Indirect Infringement

Be Careful What You Agree To – Invalidated Patent Claims May Not Erase Violation of Consent Order

Author: Hsin-Yuan (Charles) Huang, Ph.D.
Editor: Kevin D. Rodkey

In DeLorme Publishing Company, Inc., v. International Trade Commission, No. 14-1572 (Fed. Cir. Nov. 12, 2015), the Federal Circuit affirmed the ITC’s finding that DeLorme violated a consent order by selling infringing devices and upheld the ITC’s civil penalty even though a district court subsequently invalidated the claims. Continue reading

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Induced Infringement Intent Requirement Not Countered by a Good-Faith Belief of Patent Invalidity

Author: Jeffrey D. Smyth
Editor: Kathleen A. Daley

On May 26, 2015, the Supreme Court reversed the Federal Circuit in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896 (May 26, 2015), and held that a defendant’s belief regarding the validity of a patent is not a defense to induced infringement. Justice Kennedy authored the opinion of the 6-2 majority.

Before addressing the issue presented in Commil, the Court reaffirmed its holding in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011). Generally, induced infringement occurs where a defendant “actively induces infringement” and requires intent to bring about infringement. The Court rejected an argument made under Global-Tech that mere knowledge of a patent is sufficient to establish intent, emphasizing that the key is proving knowledge that the induced acts constitute patent infringement, a more stringent standard.

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