Case Study: SEB V. Montgomery Ward

Law360, New York (May 27, 2010, 1:24 PM EDT) -- Let’s start at the very beginning. In late 2006, sitting en banc, the Court of Appeals for the Federal Circuit held that a party asserting infringement by inducement has the burden of showing that the actions of the accused party actually induced infringing acts and that accused party knew or should have known that his actions would induce actual infringements.

In no uncertain terms, the Federal Circuit stated that the requirement that the alleged infringer knew or should have known his actions would induce actual infringement...
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