ANALYSIS: Inducing Patent Infringement: Inferring Knowledge and Intent From a Finding of Deliberate Indifference

Historically, the Federal Circuit has opined that inducement of patent infringement requires (1) direct infringement by a third party, (2) actual or constructive knowledge by the inducer of the patent infringed, and (3) the intent to induce infringement of that patent.

A little over three years ago, the Federal Circuit handed down an opinion that made it more difficult for the patent holder to prove inducement of infringement under Section 271(b) of the Patent Act by imposing a specific intent requirement.