This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court

Apr. 21, 2015

But I believe the patent is invalid!

The U.S. Supreme Court will soon decide whether the Federal Circuit was right in its holding on whether a good-faith belief that a patent is invalid is a valid defense to induced infringement. By Kevin G. McBride and Alex H. Chan


By Kevin G. McBride and Alex H. Chan


Even if you do not make, use or sell a patented device or practice a patented method, you can still be held liable as an infringer of a patent if you induce another to engage in infringing conduct. To show induced infringement under 35 U.S.C. Section 271(b), a patent owner must prove that the accused infringer had knowledge of the patent, and knowledge that the induced acts constitute patent infringement.


Induced i...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up