Contributory Infringement

News & Analysis as of

U.S. Supreme Court Issues Landmark Decision for Broadcast Television Industry: American Broadcasting Companies, Inc., et al., v....

On June 25, 2014, the U.S. Supreme Court issued its long-awaited decision in American Broadcasting Companies, Inc., et al., v. Aereo, Inc. The case involves a lawsuit brought by ABC and other television producers, marketers,...more

Claims for Inducing Infringement and Contributory Infringement Dismissed for Failure to Allege Knowledge of Patent-in-Suit

Unisone Strategic IP, Inc. ("Unisone") filed a patent infringement action against Tracelink, Inc. ("Tracelink"). Tracelink filed a motion to dismiss the claims for indirect (induced and contributory) infringement because...more

Innocent Infringement: Intent and Copyright Law

One of the most commonly misunderstood aspects of copyright law is the significance of intent. The elements of direct copyright infringement are the plaintiff’s ownership of a valid copyright in a work and the defendant’s...more

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

Australia’s Highest Court Takes A Knife To Indirect Infringement: “Carve-Outs” In Product Information Leaflets Are A Legitimate...

Under Australian law, indirect or contributory infringement of method of treatment claims has been an issue for quite some time. In particular, there have been a number of injunctions granted in circumstances where an...more

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more

Federal Circuit Holds that A Good-Faith Belief in Patent Invalidity Is a Defense to Claims of Inducing Patent Infringement

This week, the Federal Circuit issued an important decision for device manufacturers, developers, service providers, and any other company that might be targeted as an “indirect” patent infringer based on customers' use of...more

Contributory Infringement and Copyrights: If It Involves Your Customer, It Could be Your Problem Too

Right on the heels of our blog on trademarks and contributory infringement, comes a case in which the court refused to dismiss a claim against Amazon for sales by third parties of allegedly infringing photographs on its site....more

Infringer Violates Parking Infringement Patent, Gets Ticket, No Excuse

Vehicle Monitoring Systems Pty Limited v Sarb Management Group Pty Ltd (trading as Database Consultants Australia) (No 2) [2013] FCA 395 (3 May 2013) - A recent decision of the Federal Court of Australia concerning an...more

Counterfeits, Trademark Infringement, and Contributory Liability: Your Vendors are Your Problem

Counterfeit goods seem to be everywhere, and efforts to police their ubiquitous existence often seem futile. However, a recent decision involving counterfeit Coach products should inspire those who host vendors of counterfeit...more

Federal Circuit Affirms Finding of Infringement in SynQor v. Artesyn Techs.

On March 13, 2013, in SynQor, Inc. v. Artesyn Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Lourie, Daniel) affirmed the district court’s summary judgment that the defendants infringed U.S. Patents...more

February 2013: Japan Litigation Update

In This Issue: - Japanese Court’s Ruling Limits Scope of Contributory Infringement in Pharmaceutical Patents - Criminalization of Illegal Music and Video Downloads....more

“Willful Blindness” – New Standard For Induced Infringement

The Supreme Court recently affirmed the Federal Circuit’s decision that Pentalpha Enterprises, Ltd. (wholly owned subsidiary of Global-Tech Appliances, Inc.) induced infringement of SEB SA’s deep fryer patent. Global-Tech...more

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