'Willful Blindness' And Induced Patent Infringement

Law360, New York (June 15, 2011, 12:49 PM EDT) -- The U.S. Supreme Court issued a decision recently in Global-Tech Appliances Inc., et al. v. SEB SA (8-1, with Justice Anthony Kennedy dissenting) that changes the standard of liability for inducement of patent infringement.

Disagreeing with the Federal Circuit’s reasoning, the court held that liability under 35 U.S.C. § 271(b) cannot be imposed absent knowledge by the defendant that the induced acts constitute patent infringement. The court rejected the Federal Circuit’s approach, under which "deliberate indifference to a known risk that a patent exists" was sufficient...
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