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D&O Liabililty For Corporate Patent Infringement

Law360 (January 20, 2009, 12:00 AM EST) -- In general, corporate officers and directors are not subject to personal liability for patent infringement or other tortious acts committed by a corporation. On the other hand, there is longstanding precedent for such liability to attach in special circumstances.

For instance, in Orthokinetics v. Safety Travel Chairs, the U.S. Court of Appeals for the Federal Circuit noted, "It is well settled that corporate officers who actively aid and abet their corporation's infringement may be personally liable for inducing infringement."[1]

Claims of actively inducing patent infringement under...
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