Tag Archive for: infringement

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PatentAttorney.comJune 25, 20150 Commentsin Supreme Court

The Supreme Court rules that Belief in Invalidity is Not a Defense to Induced Infringement

In Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court held that a defendant may not assert a good-faith belief in a patent’s invalidity as a defense against liability for inducing infringement. Inducement requires not just knowledge of the patent-in-suit, but also knowledge that the induced acts are infringing. Because infringement and validity […]

PatentAttorney.comJanuary 18, 20150 Commentsin Federal Circuit

Federal Circuit Upholds Willful Infringement Finding Despite Defendant’s Invalidity Defense

In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. 14-1114 – 2015-01-13, the Federal Circuit upheld a district court decision finding willful infringement. To find willful infringement, “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” In […]