Today, in Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court ruled that an accused infringer’s good faith belief that a patent is invalid is not a defense to induced infringement, reversing the Federal Circuit on that issue (see our June 25, 2013 post on the Federal Circuit’s decision). The Court also
Commil
Supreme Court to review defendant’s invalidity belief as defense to induced infringement (Commil v. Cisco)
By David Long on
Today in Commil v. Cisco the Supreme Court granted the petition for writ of certiorari to review the following specific question presented:
Whether the Federal Circuit erred in holding that a defendant’s belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b).
We provided a summary of the…
Patent Alert: Federal Circuit rules that good faith belief of invalidity can rebut intent to induce infringement (Commil v. Cisco)
By Essential Patent Blog on
Posted in Patent Alerts
Today, Tuesday, June 25, 2013, in Commil USA v. Cisco Systems, No. 2012-1042, the Federal Circuit (Newman (concur/dissent), Prost, and O’Malley (concur/dissent)) reversed a finding of induced infringement where the jury instruction erroneously used a negligence standard and the district court erroneously excluded rebuttal evidence of the accused infringer’s good faith belief that…