Redefining Induced Infringement Liability

Law360, New York (March 4, 2010, 4:40 PM EST) -- In SEB SA v. Montgomery Ward & Co. Inc., decided on Feb. 5, 2010, the U.S. Federal Circuit Court of Appeals decided that a party can be liable for induced infringement, even in the absence of direct evidence that they knew about the patent being infringed. This is an important precedent concerning the level of knowledge necessary to show induced infringement.

Under the patent statute, a company can be liable for infringing a patent through direct infringement, induced infringement or contributory infringement. Claims of induced infringement...
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