June 23, 2011
Appellate Litigation, Intellectual Property Alerts

Supreme Court Clarifies Induced Patent Infringement

We briefly observe the Supreme Court’s recent ruling that patent infringement liability for inducing infringement by a third party “requires knowledge that the induced acts constitute patent infringement”, and is not satisfied merely by “deliberate indifference to a known risk that a patent exists”.  This welcome clarification may at least de-escalate the stakes in some patent disputes involving multiple parties and leveraged, high-wire strategies based on murky, worse-case scenarios (Global-Tech Appliances Inc. v. SVB, S.A., U.S. Supreme Court No. 10-6, May 31, 2011).
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