"In reviewing the jurisprudence, the court noted that there were no previous cases in which the court had stated clearly that a defendant could not infringe by inducement or procurement unless it knew of the patent at issue. The court commented that it is important to consider that inducing and procuring another party to make or construct a patented invention is not a tort distinct from that of direct infringement".But what level of intention and knowledge would a patent owner need to prove?
The decision is under appeal.
... This decision establishes ... that the test for establishing infringement by inducement and procurement does not require the inducer to have prior knowledge of the patent at issue".
Source: "Liability for inducing infringement does not require prior knowledge of patent", article by Daniel M. Anthony (Smart & Biggar/Fetherstonhaugh) for International Law Office, 27 September 2010.