The Trouble With Commil Is DSU

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."[1] 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."[2] Indeed, the decision may "fundamentally change[] the operating landscape of inducement suits."[3] A petition for rehearing en banc was denied,[4] but on Dec. 5, 2014, the U.S. Supreme Court granted certiorari to consider the issue.[5] Accordingly, it is worthwhile to analyze the basis of the Commil...

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