Supreme Court Rules in Global-Tech: Inducement Requires Knowledge of Patent Infringement
June 2011Technology Newsflash
Dimitrios T. Drivas
, Christopher J. Glancy
The Supreme Court has ruled that induced patent infringement under § 271(b) requires knowledge that the induced acts constitute patent infringement, in Global-Tech Appliances, Inc. v. SEB S.A. (2011). The court also ruled that the knowledge requirement can be met by a showing of "willful blindness"—i.e., where defendants deliberately shield themselves from clear evidence of critical facts that are strongly suggested by the circumstances. The court split 8-1, with Justice Alito writing for the majority, and Justice Kennedy dissenting.
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