Overlooked Patent Cases: Indirect Infringement Developments

By Brandon Rash and Sohrab Hajarian (August 2, 2021, 1:56 PM EDT) -- Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies this knowledge requirement.

In the absence of U.S. Supreme Court and U.S. Court of Appeals for the Federal Circuit precedent, district courts across the country have reached different holdings on this issue — some have held that a plaintiff must plead that the defendant had presuit knowledge of the asserted patents, while others have held that notice of the complaint satisfies the knowledge requirement.

In light of two recent,...

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