Perspective
Jan. 4, 2011
Infringement: Not Always A Solo Exercise
What is the standard to determine patent infringement by active inducement? The Supreme Court is set to answer that soon. By Kenneth Weatherwax and Dorian Berger of Irell & Manella.
In his 1965 hit about falling in love, "It Takes Two," Marvin Gaye crooned, "it takes two baby, it takes two." Patent infringement, like love, also sometimes takes two. "Whoever actively induces infringement of a patent shall be liable as an infringer." 35 U.S.C. Section 271(b). Under this standard, many infringers have been held liable for millions of dollars who have never directly pra...
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