Intellectual Property » Induced Infringement Now Harder to Prove

Induced Infringement Now Harder to Prove

July 3, 2013

An induced-infringement claim may arise, for example, when a company sells a product  which then gets used to implement a patented method. After the Federal Circuit’s decision last week in Commil USA v. Cisco Systems, a good faith belief that the patent is not valid is now clearly a defense. This holding, the writer notes, increases the value of a pre-suit invalidity opinion.

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