Knowledge Is Power: Requiring 'Knowledge Of The Patent'
September 22, 2011, 1:11 PM EDT
Law360, New York (September 22, 2011, 1:11 PM EDT) -- The patent law, through sections 35 U.S.C. §§ 271(b) and 271(c), provides a vehicle for patentees to hold indirect patent infringers liable. Section 271(b), the focus of this article, addresses induced infringement in very simple terms: “Whoever actively induces infringement of a patent shall be liable as an infringer.” Section 271(c), the contributory infringement counterpart to section 271(b), is more lengthy and includes a knowledge element by its plain terms.
In interpreting section 271(c), the U.S. Supreme Court held long ago that a contributory infringer must...
Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.