IP Litigation Spring 2011 Newsletter

Supreme Court Rules on Induced Infringement Standard and Upholds Clear and Convincing Evidence Standard for Invalidity

By Justin E. Gray ([email protected])

The U.S. Supreme Court resolved two important patent law issues that were before it this term. On May 31, 2011, the Court issued its decision in Global-Tech Appliances, Inc. v. SEB S.A., U.S., 10-6, -- U.S. – (2011), which clarifies the state of mind a party must have to be liable for inducing infringement by others. On June 9, 2011, the Court issued its decision in Microsoft Corp. v. i4i Ltd., U.S., No. 10-290, -- U.S. – (2011), which addresses the proper burden of proof for invalidating a patent.

The Court's decision in Global-Tech raises the standard for proving induced infringement. The case involves interpretation of Section 271(b) of the Patent Act, which states: "Whoever actively induces infringement of a patent shall be liable as an infringer." The issue for the Court was what state of mind a party