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Frivolous Lawsuits Induced Infringement

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

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

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