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Expert Analysis

Promega: Can Inducer And Infringer Be The Same Party Now?

Law360, New York (March 16, 2015, 10:48 AM EDT) -- The Patent Act prohibits different types of infringement of a U.S. patent. Prohibited activities include direct infringement — i.e., making, using, selling, or offering to sell a patented invention — and indirect infringement — i.e., certain activities that precipitate but do not themselves constitute direct infringement. Section 271(b) of the Patent Act, in particular, provides that "whoever actively induces infringement of a patent shall be liable as an infringer."...

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