Honest Belief Defense

News & Analysis as of

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

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

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

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

Commil USA, LLC v. Cisco Systems, Inc.: A Good-Faith Belief of Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled on May 26, 2015, that a defendant accused of inducing the infringement of a patent cannot rely on a good-faith belief in the patent’s invalidity as a defense to liability. This ruling enhances the...more

Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability

The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more

Commil USA, LLC v. Cisco Systems, Inc.: Defendant May Be Liable For Indirect Infringement Despite Good Faith Belief That Patent Is...

Practice Points: - Supreme Court holds that a good faith belief that a patent is invalid is not a defense to active inducement of infringement under 35 U.S.C. § 271(b). The same result presumably holds for contributory...more

Good Faith Belief in Invalidity No Defense to Active Inducement

The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b). The Court held that a...more

U.S. Supreme Court Rejects Good-Faith Invalidity Defense to Induced Patent Infringement

On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent...more

Locke Lord QuickStudy: Belief As To A Patent’s Validity Is Not A Defense To Induced Infringement

Following last year’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. et al., 572 U.S. ____ (2014) (holding that a finding of induced infringement requires that all infringing acts be performed by a single...more

Alert: Supreme Court Rejects Good-Faith Belief in Invalidity as a Defense to Induced Patent Infringement

In Commil USA LLC v. Cisco Systems, Inc. (No. 13-896), the Supreme Court held that an accused inducer's belief that an asserted patent is invalid is not a defense to induced patent infringement. The decision reverses a...more

Good Faith Belief in Invalidity of Patent Will Not Immunize Induced Infringer

Bringing a lawsuit for a distinct variety of patent infringement has been made a little easier, which is good news for patent owners but probably bad news for victims of patent trolls. This outcome follows from a recent...more

Supreme Court Holds Good Faith Belief of Invalidity Not a Defense to Induced Infringement Claim

The U.S. Supreme Court held yesterday in Commil USA, LLC v. Cisco Sys., Inc. (No. 13-896) that a defendant’s belief regarding patent invalidity is not a defense to a claim of induced infringement. Justice Kennedy authored the...more

Supreme Court Limits Defenses to Induced Infringement

In an important decision in Commil USA, LLC v. Cisco Systems, Inc., the U. S. Supreme Court held yesterday that a good-faith belief in the invalidity of a patent cannot negate the intent required for induced infringement. The...more

Supreme Court Holds That Belief of a Patent’s Invalidity Is Not a Defense to Inducement of Infringement

On May 26, 2015, in Commil v. Cisco, the Supreme Court held by a 6-2 vote that an accused infringer's belief that a patent is invalid does not serve as a defense to charges of inducing infringement of the patent under §...more

Supreme Court’s Decision in Commil v. Cisco: Big Win for Pharmaceutical Industry

On May 26, 2015, the Supreme Court reversed the Federal Circuit’s decision in Commil USA, LLC v. Cisco Systems, Inc. and held that a defendant’s belief regarding patent validity is not a defense to an induced infringement...more

Commil USA, LLC v. Cisco Systems, Inc.

While the Supreme Court’s section 101 decisions may garner the biggest headlines, the high court has also invested significant efforts in the area of induced infringement. Commil v. Cisco, decided on May 26, 2015, marks the...more

U.S. Supreme Court: Belief in Patent's Invalidity Not a Defense to Induced Infringement

In a 6-2 decision, the U.S. Supreme Court held that a defendant’s good-faith belief in the invalidity of a patent is not a defense to a claim for inducing infringement of the patent.  Under 35 U.S.C. § 271(b), “[w]hoever...more

Supreme Court Strikes Down New Defense to Inducing Patent Infringement

On May 26, 2015, the Supreme Court issued its decision in Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896), rejecting the accused patent infringer’s argument that a good faith belief that the patent is invalid is a defense...more

Supreme Court Removes Good Faith Belief of Patent Invalidity as Defense to Induced Patent Infringement

On May 26th, in Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court held that an accused infringer cannot hide behind a reasonable belief that a patent is invalid in order to avoid being found as an infringer by...more

Supreme Court Decides Commil USA, LLC v. Cisco Systems, Inc.

On May 26, 2015, the United States Supreme Court decided Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, holding that a defendant’s belief regarding patent validity is not a defense to a claim of induced patent...more

Supreme Court Invokes Common Law Principles in Largely Pro-Patent Decision: Good-Faith Belief of Invalidity Is Not a Defense to...

The Supreme Court decided yesterday in Commil USA, LLC v. Cisco Systems, Inc. that an accused infringer’s good-faith belief that a patent is invalid, standing alone, is not a defense to induced infringement. As discussed in...more

Commil USA, LLC v. Cisco Systems, Inc. (2015)

The Supreme Court handed down its decision in Commil USA, LLC v. Cisco Systems, Inc. today and in doing so reprised several themes that have emerged over the past decade of the Court's activist approach to patent law. The...more

U.S. Supreme Court Further Clarifies Indirect Infringement Standards

The Supreme Court in the last several years has taken an activist approach to the area of patent law, granting certiorari in many more cases than in prior years and often reversing the Federal Circuit. If there was one theme...more

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