Federal Circuit Patent Updates - March 2014

March 14, 2014 4:27 PM

Clevenger, J. Affirming in part and reversing in part summary judgment of noninfringement. Reversing summary judgment of no indirect infringement because of a factual dispute as to lack of intent to induce infringement. "Where the record reveals no basis for a good-faith belief sufficient to thwart liability, summary judgment of no liability cannot stand. Whether SDI had such a good-faith belief prior to receiving the opinion of counsel is a triable issue for the jury to consider." In addition, "[a] party seeking to show lack of the requisite intent to infringe, based on receipt of a competent counsel opinion of noninfringement or of invalidity, must also show that it "had exercised reasonable and good-faith adherence to the analysis and advice therein." ... Without proof of good-faith reliance, possession of the opinion alone is hardly dispositive