Wednesday, 16 February 2011

Is proof of knowledge necessary in induced infringement claims?

Stephen Richer (Washington Legal Foundation) has emailed with an item for PatLit -- this analysis was published last Friday by Washington Legal Foundation.  Titled "Supreme Court To Address Standard For Induced Patent Infringement – An examination of Global-Tech Appliances Inc. v. SEB, S.A." and written by Brian Pandya (Wiley Rein LLP), this not explains that the issue at stake is whether 35 U.S.C. sec. 271(b) carries a scienter requirement (i.e.that it must be necessary to prove that an alleged infringer has actual knowledge of the patent before he can be liable for inducing patent infringement. The note adds:
"...  the issue of induced infringement is significant to the business community, particularly technology companies that have faced lawsuits alleging that they are inducing patent infringement".
The US Supreme Court hears arguments next week, on 23 February.

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