Inducing Infringement: Fed. Circ. Raises The Bar

Law360, New York (July 12, 2013, 1:13 PM EDT) -- For more than two decades, a patent infringement defendant could be liable for inducing infringement if it was reckless or even merely negligent in doing so. A plaintiff trying to prove inducement could win by proving that the defendant actually intended to cause the acts that constitute direct infringement and that it knew or merely should have known that its actions would induce actual infringement. That just changed.

Reversing 23 years of precedent, Commil USA LLC v. Cisco Systems Inc., No. 2012-1042 (June 25, 2013), holds...
To view the full article, register now.