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Expert Analysis

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....

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