Intent To Induce Patent Infringement

Four years ago the Supreme Court tried, in Global-Tech Appliances v. SEB, to clarify what it takes to prove "intent" to induce patent infringement. The case considered whether a party, in order to "actively [induce] infringement of a patent" under 35 U.S.C. §271(b), must know that the induced act constitutes patent infringement. In an 8–1 decision delivered by Justice Alito, the Court held that induced infringement under §271(b) requires knowledge that the induced acts constitute patent infringement. The Court further held that this "knowledge" requirement can be met by showing "willful blindness" by the defendant – that the defendant (1) "subjectively believe[s] that there is a high probability" that a patent exists and that the defendant's acts infringe that patent; and (2) the defendant "take[s] deliberate actions to avoid learning" about those facts.