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

The Supreme Court decided today 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 greater detail in our earlier post, the Federal Circuit reversed the district court’s ruling that prohibited Cisco from presenting evidence of its good-faith belief that Commil’s patent was invalid, as a defense to induced infringement. Among other things, the Court reasoned that a different result would contravene the presumption that a patent is valid. To overcome that presumption, a defendant must provide clear and convincing   Read More »

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Supreme Court to Review Defenses to Induced Patent Infringement

On December 5, 2014, the Supreme Court granted certiorari in Commil USA, LLC, v. Cisco Systems, Inc., to decide whether a defendant’s good-faith belief that a patent is invalid is a defense to induced infringement. Previously, a divided panel of the Federal Circuit held that a Texas district court should have allowed evidence that Cisco believed in good faith Commil’s patent was invalid.  At trial, Cisco was not permitted to present such evidence to rebut Commil’s claims of induced infringement.  The district court relied on Federal Circuit precedent, DSU Medical Corp. v JMS Co., which addressed a good-faith belief of non-infringement,   Read More »

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