Federal Circuit Opens Door to New Defense to Inducing Infringement | White & Case LLP International Law Firm, Global Law Practice
Federal Circuit Opens Door to New Defense to Inducing Infringement

Federal Circuit Opens Door to New Defense to Inducing Infringement

On June 25, 2013, the Federal Circuit issued a significant decision expanding the scope of evidence that alleged infringers may present to rebut allegations of inducement. Commil USA, LLC v. Cisco Sys., Inc., No. 2012-1042 (Fed. Cir. Jun. 25, 2013). A majority of the panel ruled that evidence of an infringer’s good-faith belief that the asserted patent is invalid is relevant to inducement. Overturning a finding of inducement and setting aside a US$74 million jury verdict, Judge Prost concluded that while "…we appear to have not previously determined whether a good-faith belief of invalidity may negate the requisite intent for induced infringement. We now hold that it may." Slip op. at 9.

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