Induced Infringement

News & Analysis as of

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Induction Ceremony

On April 30, 2014, the Supreme Court will be hearing oral argument in the case of Limelight Networks, Inc. v. Akamai Technologies. The question presented and to be decided is incredibly significant for future patent...more

The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced...

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S....more

On the Evolution of Induced Infringement Jurisprudence

A petition for certiorari from the decision in Commil v. Cisco — in which the U.S. Court of Appeals for the Federal Circuit recognized for the first time that “evidence of an accused infringer’s good-faith belief of...more

Federal Circuit Update: Suprema, Inc. v. ITC

In a recent and controversial decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) introduced a temporal requirement to the theory of induced infringement under the Tariff Act of 1934 (19 U.S.C. §...more

Courts Remain Divided Over Pleading Requirements for Inducement

Recent cases have revealed a division of opinion over whether a patentee is required to plead that an accused indirect infringer had knowledge of the patent before being sued, or whether the filing of a patent infringement...more

Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least...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

Federal Circuit issues opinion in Suprema, Inc. v. International Trade Commission

What’s at Stake? The panel majority held that exclusion orders under § 337 may not issue based on a theory of induced infringement where the direct infringement does not occur until after the articles are imported. The...more

ITC Section 337 Update - December 2013

Federal Circuit Limits Exclusionary Remedy For Inducing Infringement - In Suprema v. ITC – On December 13, the Federal Circuit issued a split panel Opinion in Suprema v. ITC, Appeal No. 2012-1170, vacating the exclusionary...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Suprema Says No ITC Exclusion Order Based on Induced Infringement

In Suprema, Inc. and Mentalix, Inc. v. International Trade Commission, 2012-1170 (Fed. Cir. Dec. 13, 2103), the Federal Circuit held that the ITC may not issue an exclusion order “predicated on a theory of induced...more

Federal Circuit Limits ITC Power over Induced Infringement

On December 13, 2013, the Court of Appeals for the Federal Circuit released an opinion in Suprema v. International Trade Commission that significantly restricts the scope of the International Trade Commission (“ITC”)’s power...more

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the...more

Actions Under § 337 Based on Inducement Require Existence of Direct Infringement Prior to Importation

In a case of first impression, a divided U.S. Court of Appeals for the Federal Circuit panel ruled that an exclusion order based on a violation of Section 337 may not be predicated on a theory of induced infringement where...more

Good Faith Belief of Invalidity May be Defense to Induced Infringement and Opinion Letters May Become Increasingly Important

The Federal Circuit recently denied a request for rehearing en banc in the matter of Commil USA, LLC v. Cisco Sys., Inc., in a 6-5 vote of the participating judges. 2013 U.S. App. LEXIS 21713 (Fed. Cir. Oct. 25, 2013)...more

Evolving Standards for Patent Infringement Liability

Building upon a 2011 decision of the U.S. Supreme Court addressing the intent requirement for inducing patent infringement, the Court of Appeals for the Federal Circuit recently clarified in Commil USA, LLC v. Cisco Systems,...more

Intellectual Property Newsletter - July 2013

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

Federal Circuit Opens Door to New Defense to Inducing Infringement

On June 25, 2013, the Federal Circuit issued a significant decision expanding the scope of evidence that alleged infringers may present to rebut allegations of inducement. Commil USA, LLC v. Cisco Sys., Inc., No. 2012-1042...more

The Federal Circuit Opens the Door to an Additional Defense to Inducement

It is well established law that liability for inducement requires the specific intent to induce another to infringe. It is also well established law that a defendant may rely on a good faith belief that the there is no...more

Patent Watch: Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech.

On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...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

Federal Circuit Expands Liability for Induced Infringement of Method Patents

Patent law holds that a party can be held liable for direct infringement when that party performs all steps of a patent claim. In contrast, there is no direct infringement where multiple parties collectively – but...more

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION...more

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