Analysis

Roche Ruling Highlights High Bar For Induced Infringement

By Ryan Davis (April 15, 2022, 9:18 PM EDT) -- A recent Federal Circuit decision vacating a $137 million patent verdict against Roche underscores the hurdles to proving induced infringement, namely by stressing it is closely tied to willful infringement and requires an element of intent to cause others to infringe.

In its April 8 decision, the appeals court found that since Delaware Judge Leonard Stark ruled Roche was not liable for enhanced damages because it didn't willfully infringe medical diagnostics patents licensed to Meso Scale Diagnostics LLC, a jury's finding that the pharmaceutical giant induced its customers to infringe cannot stand.

Both willful infringement and induced infringement require subjective intent...

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