News & Analysis as of

Honest Belief Defense Patent Infringement

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #6 to #10

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

Mintz

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

Mintz on

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

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

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

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

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

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

Locke Lord LLP

Locke Lord QuickStudy: Belief As To A Patent’s Validity Is Not A Defense To Induced Infringement

Locke Lord LLP on

Following last year’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. et al., 572 U.S. ____ (2014) (holding that a finding of induced infringement requires that all infringing acts be performed by a single...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

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

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Commil USA, LLC v. Cisco Systems, Inc.

On May 26, 2015, the United States Supreme Court decided Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, holding that a defendant’s belief regarding patent validity is not a defense to a claim of induced patent...more

Snell & Wilmer

Supreme Court Invokes Common Law Principles in Largely Pro-Patent Decision: Good-Faith Belief of Invalidity Is Not a Defense to...

Snell & Wilmer on

The Supreme Court decided yesterday in Commil USA, LLC v. Cisco Systems, Inc. that an accused infringer’s good-faith belief that a patent is invalid, standing alone, is not a defense to induced infringement. As discussed in...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

Proskauer - New England IP Blog

U.S. Supreme Court Further Clarifies Indirect Infringement Standards

The Supreme Court in the last several years has taken an activist approach to the area of patent law, granting certiorari in many more cases than in prior years and often reversing the Federal Circuit. If there was one theme...more

Knobbe Martens

Supreme Court: Belief-of-Invalidity not a Defense to a Claim of Induced Patent Infringement

Knobbe Martens on

Commil USA, LLC v. Cisco Systems, Inc. - What You Need to Know - Yesterday, the U.S. Supreme Court held in a 6–2 decision that a belief that a patent is invalid is not a defense to a claim of induced infringement. ...more

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