2015 IP Law Year In Review

Knobbe Martens
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Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) -

..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO -

..Inducement requires proof that the accused:

– (1) knows of the patent-in-suit, and

– (2) knows that the actions induced constitute patent infringement -

..Scienter element for induced infringement concerns infringement only, not validity -

..Defense would undermine presumption of validity -

..Frivolous patent assertions can still be addressed with Rule 11 sanctions or fee awards under Section 285…

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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