How Fed. Circ.'s Commil Ruling Could Affect Drug Patents

Law360, New York (December 6, 2013, 1:51 PM EST) -- Over the past several years the U.S. Supreme Court and the Federal Circuit have issued a series of decisions that have made it more and more difficult for patentees to prove induced infringement. Most recently, in Commil USA LLC v. Cisco Sys. Inc., the Federal Circuit followed the Supreme Court’s lead from its seminal Global-Tech v. SEB decision in 2011, in holding that a finding of inducement requires both knowledge of existence of the patent and “knowledge that the induced acts constitute patent infringement.”

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