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Supreme Court of the United States › Cisco v CommilUSA

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fish & Richardson

Jury May Infer Intent to Induce Infringement Where Alleged Belief in Noninfringement Is Based on Objectively Unreasonable Reading...

Fish & Richardson on

Warsaw Orthopedic, Inc. v. NuVasive, Inc., ___ F.3d ___ (Fed. Cir. June 3, 2016) (Lourie, DYK, Reyna (concurring)) (S.D. Cal.: Bencivengo) (4 of 5 stars) Following the Supreme Court’s vacatur and remand for...more

McDermott Will & Emery

It Ends Not with a Bang but a Whimper - Commil USA, LLC v. Cisco Systems, Inc.

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The patent case between Commil and Cisco, a case that made new law at the Supreme Court on the issue of the intent requirement in cases of induced infringement allegations, came to an end with a whimper on remand back to the...more

Morrison & Foerster LLP

MoFo IP Newsletter - January 2016

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Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #6 to #10

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After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Locke Lord LLP

Expert Testimony Must “Connect the Dots” When Presenting Arguments Using Different Language From the Claims

Locke Lord LLP on

On May 28, 2015, we reported on the Supreme Court’s decision in Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (2015) which reversed the Federal Circuit’s earlier decision and held that, inter alia, a reasonable...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - December 2015

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Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

King & Spalding

Intellectual Property Newsletter - July - August 2015

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Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

Mintz

Commil USA V. Cisco Systems: “I thought it was legal” is no defense to induced infringement under 35 U.S.C. § 271(b)

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The United States Supreme Court’s recent decision in Commil v. Cisco held that a good-faith belief of a patent’s invalidity, standing alone, is insufficient to provide a defense to a claim of inducing another’s infringement...more

McDermott Will & Emery

ANDA Update - July 2015

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Supreme Court Holds Good Faith Belief of Patent Invalidity Is Not a Defense to Induced Infringement - Commil USA, LLC v. Cisco Systems, Inc. (Supr. Ct. May 26, 2015): Pharmaceutical patents commonly include...more

Morrison & Foerster LLP

IP Newsletter - July 2015

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In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more

Knobbe Martens

Federal Circuit Review | June 2015

Knobbe Martens on

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement - In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent is invalid is not a...more

Brownstein Hyatt Farber Schreck

Supreme Court Moves to Clarify Induced Infringement Standard

Brownstein Hyatt Farber Schreck on

In its most recent pronouncement on patent law, the U.S. Supreme Court once again corrected the Federal Circuit’s understanding of induced infringement under 35 U.S.C. §271(b). On May 26, 2015, in Commil USA, LLC v....more

Adler Pollock & Sheehan P.C.

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

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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

Fenwick & West LLP

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

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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

Weintraub Tobin

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

Weintraub Tobin on

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

Polsinelli

Supreme Court Weighs in on Defenses to Induced Infringement

Polsinelli on

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

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

Akerman LLP

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

Akerman LLP on

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

Foley & Lardner LLP

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

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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

Foley Hoag LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2015 #5

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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

Saul Ewing Arnstein & Lehr LLP

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

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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

Mintz

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

Mintz on

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

McDermott Will & Emery

Good Faith Belief in Invalidity No Defense to Active Inducement

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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

Moore & Van Allen PLLC

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

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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

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