News & Analysis as of

Cisco v CommilUSA Patent Litigation

Weintraub Tobin

Induced Infringement Becomes More Difficult To Defend

Weintraub Tobin on

In Warsaw Orthopedic, Inc. v. NuVasive, Inc. (June 3, 2016) 2016 U.S. App. LEXIS 10092, the Federal Circuit Court of Appeals broadly interpreted the Supreme Court’s test for induced infringement, finding irrelevant the...more

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.

McDermott Will & Emery on

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

Knobbe Martens

2015 IP Law Year In Review

Knobbe Martens on

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...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

Morrison & Foerster LLP

IP Newsletter - July 2015

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

Brownstein Hyatt Farber Schreck

Supreme Court Moves to Clarify Induced Infringement Standard

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

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

Fenwick & West LLP on

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

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

Foley & Lardner LLP on

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

Foley Hoag LLP on

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

Saul Ewing Arnstein & Lehr LLP

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

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

McDermott Will & Emery on

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

Cooley LLP

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

Cooley LLP on

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

Ballard Spahr LLP

Supreme Court Limits Defenses to Induced Infringement

Ballard Spahr LLP on

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

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Patterson Belknap Webb & Tyler LLP

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Burr & Forman

Supreme Court Strikes Down New Defense to Inducing Patent Infringement

Burr & Forman on

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

Neal, Gerber & Eisenberg LLP

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

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