An Assessment Of The Commil Briefings And Potential Fallout

Law360, New York (March 27, 2015, 10:16 AM EDT) -- In Commil USA LLC, v. Cisco Systems Inc., the U.S. Supreme Court granted certiorari to answer the question of "Whether a good-faith belief that a patent is invalid is a defense to inducement liability under Section 271(b)." Merits briefing is now complete and oral argument is set for March 31. This article details the parties' briefing strategies, select amici positions, and explains how, if the Federal Circuit's decision is affirmed by the Supreme Court, it may all but eliminate induced infringement under 35 U.S.C. § 271(b) as a viable theory of infringement liability....

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