Law360, New York (January 28, 2015, 10:01 AM EST) -- In Commil USA LLC v. Cisco Systems, the Federal Circuit (2-1) held that "evidence of an accused inducer's good-faith belief of invalidity may negate the requisite intent for induced infringement." The decision establishes a new defense to infringement actions under 35 U.S.C. § 271(b), one "that had never previously been recognized by the Federal Circuit." Indeed, the decision may "fundamentally change the operating landscape of inducement suits." A petition for rehearing en banc was denied, but on Dec. 5, 2014, the U.S. Supreme Court granted certiorari to consider the issue. Accordingly, it is worthwhile to analyze the basis of the Commil...
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