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SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

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Photo of SerendIPity: Dykema's Intellectual Property Law Blog Reed R. Heimbecher
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rheimbecher@dykema.com
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Showing 1 post by Reed R. Heimbecher.

Good-faith Belief in Patent Invalidity – Not a Defense to a Charge of Inducement

On Tuesday, in a decision vacating the Federal Circuit’s June 25, 2013 panel decision and remanding, the SCOTUS held that a defendant’s belief that a patent is invalid does not serve as a defense to a charge of inducing infringement of the patent. Commil USA LLC v. Cisco Systems, Inc., No. 13-896, 575 U.S. ___, ___ (2015) (slip op. at 9) (U.S. Supreme Court May 26, 2015). In its earlier decision, the Federal Circuit had held that an accused inducer’s alleged good‑faith belief in the invalidity of the asserted patent was a defense to a charge of induced infringement under 35 USC § 271(b).  Read More ›