The New Factor In Induced Infringement Cases

Law360, New York (November 18, 2013, 12:21 PM ET) -- The Federal Circuit’s recent vote to deny rehearing en banc of the panel’s split decision in Commil USA LLC. v. Cisco Sys. Inc., 720 F.3d 1361 (Fed. Cir. June 25, 2013) has cleared the way for defendants to argue that a subjective good faith belief of patent invalidity should be considered when facing an allegation of induced infringement.

Background Setting the Stage for Appeal

The panel opinion comes after two separate jury verdicts finding Cisco liable for infringement. In the first trial, a jury found Cisco...
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