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Expert Analysis

Opinion-Of-Counsel Defense To Inducement

Law360 (January 29, 2007, 12:00 AM EST) -- On December 13, 2006, in DSU Medical Corp. v. JMS Co., 04-1620, 05-1048, -1052 (Fed. Cir. Dec. 13, 2006), the en banc Federal Circuit resolved "conflicting precedent" and unambiguously announced that liability under 35 U.S.C. §271(b) for inducement requires a "specific intent to infringe," and not merely an intent to induce the acts that are later charged with infringement....

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