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Expert Analysis

An Oft-Overlooked Patent-Inducement Defense

Law360, New York (August 24, 2012, 12:29 PM EDT) -- "Whoever actively induces infringement of a patent shall be liable as an infringer." 35 U.S.C. § 271(b). That single sentence is the extent of the Patent Act's discussion of inducement liability. Much attention has been given of late to what state of mind satisfies the "actively inducing infringement" requirement. After the U.S. Supreme Court ruled in Global-Tech v. SEB, 131 S. Ct. 2060 (2011), that knowledge or willful blindness as to whether the induced conduct infringes is enough, the playbook for asserting and defending against inducement claims has focused on whether that required state of mind has been, or can be shown....

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