Patent Litigation Update


In This Issue:

Knowledge Required For Induced Infringement, But It May Be Established Via Willful Blindness; Patent Invalidity Defenses Must Always Be Proven By “Clear And Convincing Evidence”; Federal Circuit Streamlines Rules for Contempt Proceedings for Designing Around an Injunction; and Federal Circuit to Revisit “Control or Direction” Standard for Joint Infringement.

Knowledge Required For Induced Infringement, But It May Be Established Via Willful Blindness: In Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), the Supreme Court held that knowledge is the applicable standard for imposing liability under Section 271(b) of the Patent Act, which concisely provides that “[w]hoever actively induces infringement of a patent shall be liable as an infringer.” Of equal importance, it held that the willful blindness doctrine (developed in criminal cases) can be applied to establish knowledge in civil patent infringement cases.

Global-Tech reverse-engineered an SEB-patented deep fryer to make and market a competing deep fryer, but argued that it did not “actively” induce infringement because it was unaware of SEB’s patent and also had obtained a legal opinion that it had a right to use its product (albeit, without informing its attorney that Global-Tech had copied SEB’s commercially available fryer). SEB responded that Global-Tech’s re-engineering of the SEB fryer was sufficient to support a claim of active inducement.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Quinn Emanuel Urquhart & Sullivan, LLP | Attorney Advertising

Written by:


Quinn Emanuel Urquhart & Sullivan, LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.