How Courts Are Dealing With Presuit Knowledge Of Patent

Law360, New York (October 23, 2013, 12:29 PM EDT) -- To state a claim for indirect infringement under either Section 271(b) or Section 271(c), a plaintiff must allege that the defendant had “knowledge of the existence of the patent that is infringed.” Global-Tech Appliances Inc. v. SEB SA, 131 S. Ct. 2060, 2068 (2011). There is a split among jurisdictions as to whether a patent plaintiff alleging indirect or willful patent infringement must allege “presuit knowledge,” that is, that the alleged infringer knew of the patent before the lawsuit was filed.

Some jurisdictions require presuit knowledge...
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