U.S. Supreme Court Issues a Trio of Patent Opinions

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The Supreme Court has handed down three opinions that relate to patent issues. In Global-Tech v. SEB, ____ U.S. ____ (2011), the Court issued a new standard for establishing inducement of infringement; in Stanford v. Roche, ___ U.S. ___ (2011), the Court addressed ownership issues surrounding federally funded patents; and in Microsoft v. i4i, ___ U.S. ___ (2011), the Court considered a challenge to the burden of proof needed for rebutting the statutory presumption of validity.

Global-Tech v. SEB

Writing for an 8-1 majority, Justice Alito delivered the Court’s opinion, which held that “willful blindness” is sufficient to establish the knowledge requirement when asserting that a party “actively induces infringement of a patent” under 35 U.S.C. § 271(b). In adopting the “willful blindness test,” the Court departed somewhat from the previous standard of “deliberate indifference.”

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Published In: Civil Procedure Updates, General Business Updates, Intellectual Property Updates, Labor & Employment Updates, Nonprofits Updates

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.

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