Law360, New York (June 3, 2011, 3:05 PM EDT) -- On May 31, 2011, in an 8-1 majority opinion, the U.S. Supreme Court established a new rule making it harder to prove that a company induced patent infringement in Global-Tech Appliances Inc. v. SEB SA, U.S. Sup. Ct. No. 10-6, overruling a lower standard that was previously set forth by Federal Circuit.
Or did it?
Inducing infringement of a patent happens when a party does not itself directly infringe, but causes someone else to infringe a patent. It is governed by U.S. Code Title 35, Section 271(b), which states, "Whoever actively induces infringement of a patent shall be liable as an...
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