Good Faith

News & Analysis as of

Good-Faith Belief of Invalidity No Longer a Shield for Induced Infringement Claims

On May 26, 2015 the Supreme Court vacated and remanded the Federal Circuit's decision in Commil USA, LLC v. Cisco Systems, Inc., 720 F.3d 1361 (Fed. Cir. 2013). In an interesting 6-2 decision (Justice Breyer did not...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 19, 2015

REAL PROPERTY UPDATE: Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more

A Duty to Negotiate in Good Faith - A New Lender Liability Claim in North Carolina?

North Carolina courts have long held that a lender does not owe a fiduciary duty to its borrowers. But what about a “Duty to Negotiate in Good Faith?" In a recent opinion (RREF BB Acquisitions, LLC v. MAS Properties, June 9,...more

The Supreme Court Holds the EEOC’s Feet to the Fire, but Not That Closely: The Court in Mach Mining Affirms the EEOC’s Obligation...

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., requires that the Equal Employment Opportunity Commission (“EEOC”) engage in informal conciliation efforts after it finds reasonable cause to support a...more

U.S. Supreme Court: Good Faith Belief That a Patent Is Invalid Is No Defense to Induced Patent Infringement

In a sharply divided opinion, the Supreme Court has determined that a party may be liable for inducing the infringement of a patent even if it has a good faith belief that the patent is invalid. The decision, Commil USA, LLC...more

A Primer on Insurance Underwriting in China

China is one of the largest and fastest-growing insurance markets in the world. It provides the global insurance and reinsurance industry with tremendous opportunities but also presents challenges with its unique legal and...more

Litigation Alert: A Good-Faith Belief of Patent Invalidity Is Not a Defense to Inducement of Infringement

Six justices of the Supreme Court agree that an accused indirect infringer’s good faith belief in invalidity of a patent “will not negate the scienter required under §271(b).” Commil USA, LLC v. Cisco Sys., Inc., No. 13-896,...more

NC Business Court Says That Bank Didn't Owe A Fiduciary Duty To Its Customer, But Recognizes New Cause Of Action: Breach Of A Duty...

Were you thinking that the Business Court might, one day, find that a bank owed a fiduciary duty to its customer? That seemed like it might happen eventually, as the NC Supreme Court seemed to hold out that possibility last...more

Amendments to PATENT Act Proposal Takes Aim at IPR Proceedings

On Thursday, June 4, 2015, the PATENT Act made it out of committee on a 16-4 vote after amendments were made to the bill that take direct aim at inter partes review proceedings. While there is still a long way to go before...more

Just Because You Think It’s Invalid Doesn’t Mean You Don’t Infringe!

A U.S. patent is “presumed” valid. That means a patent owner does not need to prove the patent is valid in a suit for infringement. And, as the U.S. Supreme Court just explained in Commil United States, LLC v. Cisco Systems,...more

Locke Lord QuickStudy: CFPB Claims Sensitivity on Good-Faith TRID Compliance Efforts

On June 3, 2015, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray responded to Congressional requests and industry pleadings for a grace period in enforcing the new TILA-RESPA Integrated Disclosures...more

Changes To Loan Notes: Good Faith Not Implied

In Dennis Edward Myers & anr v Kestrel Acquisitions Ltd & ors [2015] EWHC 916 (Ch), 31 March 2015, the High Court refused to imply an obligation of good faith into a term allowing modifications of loan notes. ...more

Good-Faith Belief of Invalidity Not a Defense to Inducement

In its recent ruling in Commil USA v. Cisco Systems, 575 U.S. __ (2015), the Supreme Court addressed the knowledge requirement for a claim of inducing patent infringement, holding that defendants in a patent case could not...more

Fore! Ponzi Scheme Lands The Golf Channel In The Rough

Receivers handling Ponzi schemes and fraud cases are familiar with the concept of suing the “winners” in the scheme to recover transfers made to them in excess of their investment. Such suits are based on the theory that the...more

Supreme Court Weighs in on Defenses to Induced Infringement

Earlier this week, the Supreme Court provided much needed guidance regarding the availability of certain defenses to claims of induced infringement. Commil USA, LLC v. Cisco Systems, Inc., U.S. Supreme Court, No. 13-896, May...more

Good Faith Belief of a Patent's Invalidity Not a Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Sys, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)....more

Florida High Court Finds State Insurer Immune From Statutory Bad Faith Claims (updates article posted on Oct. 31, 2014)

After its property was damaged by a hurricane, Perdido Sun Condominium Association filed an insurance claim with Citizens Property Insurance Corp., a state-created entity that provides property insurance. Perdido Sun was not...more

Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech

On May 26, 2015, the Supreme Court ruled in Commil USA, LLC v. Cisco Sys., Inc. that an alleged infringer's belief regarding patent validity cannot be used as evidence in a defense to an induced infringement claim. In so...more

Supreme Court on Induced Infringement: Good-Faith Belief of Invalidity Not a Defense and Knowledge of Infringement Required

In a 6-2 decision this week, the United States Supreme Court in Commil USA, LLC v. Cisco Systems, Inc., 575 U.S. ____ (2015) held that an accused infringer’s good-faith belief of patent invalidity is not a defense to a claim...more

English Law Concepts Introduced Into Russian Legislation

On 8 March 2015, the President of the Russian Federation signed the Federal Law No. 42-FZ, “On amending the first part of the Civil Code of the Russian Federation,” which came into force on 1 June 2015. The changes are part...more

Supreme Court Update: Wellness International Network, Ltd. V. Shariff (13-935); Commil USA, LLC V. Cisco Systems, Inc. (13-896)...

This past week the Court released important decisions in the areas of bankruptcy law (Wellness International Network, Ltd v. Shariff (13-935), patent law (Commil USA, LLC v. Cisco Systems, Inc. (13-896), and the False Claims...more

Supreme Court Rejects Good-Faith Belief of Invalidity Defense to Claims of Inducement of Patent Infringement

The Decision in Commil USA, LLC v. Cisco Systems, Inc. - On Tuesday, the United States Supreme Court ruled that a party’s good-faith belief in the invalidity of a patent is not a defense to a claim that the party has...more

IP Newsflash - May 2015 #5

SUPREME COURT CASES - Invalidity is not a Defense to Infringement but a Defense to Liability - This week, on May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s...more

Supreme Court Rules that Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled that a defendant’s good-faith belief in the invalidity of a patent is not a defense to an induced infringement claim. The Court also affirmed its previous holdings that an induced infringement...more

OSHA Issues Revised Whistleblower Investigations Manual

Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more

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