BNA INSIGHTS: Does Inducement of Patent Infringement Require Actual Knowledge of a Patent?—The Supreme Court’s Review of Global Tech Appliances Inc. v. SEB S.A.

A common defense to claims of inducement of patent infringement under 35 U.S.C. § 271(b) is that the accused infringer did not know of the patent and so could not have intended to induce infringement. That defense was put in jeopardy earlier this year when the U.S. Court of Appeals for the Federal Circuit ruled that actual knowledge of a patent was not required to…

BNA INSIGHTS: Practical Tips for Litigating Induced Patent Infringement Cases in the Wake of the DSU,SEB,and Other Recent Decisions

Several recent cases—principally DSU Medical Corp. v. JMS Co.—have attempted to clarify the standard for proving inducement of patent infringement. These cases, however, have also raised additional questions leaving…

Supreme Court to Decide ‘Deliberate Indifference’ Standard for Induced Patent Infringement

The U.S. Supreme Court granted a petition for writ of certiorari Oct. 12 to consider the…

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…