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.
Click here to download PDF.
This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2013 White & Case LLP