Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) -
..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO -
..Inducement requires proof that the accused:
– (1) knows of the patent-in-suit, and
– (2) knows that the actions induced constitute patent infringement -
..Scienter element for induced infringement concerns infringement only, not validity -
..Defense would undermine presumption of validity -
..Frivolous patent assertions can still be addressed with Rule 11 sanctions or fee awards under Section 285…
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