Television Sets: Commission Clarifies Knowledge Requirement For Contributory Infringement

On October 30, 2015, the Commission clarified whether or not service of the complaint meets the knowledge requirement for contributory infringement in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910) ("Certain Television Sets").  Conceding that its precedent had been unclear on this point, the Commission held that service of the complaint alone, without any showing of pre-suit knowledge, meets the requirement.

In the ITC and elsewhere, a finding of contributory infringement requires showing that the accused infringer knew of the patent during the alleged infringement.  Global-Tech Appliances, Inc. v. SEB SA, 131 S. Ct. 2060, 2068 (2011) ("Global Tech").  In her initial determination (ID) in Certain Television Sets, the Administrative Law Judge Dee Lord held that this requirement was met by mere service of the complaint.  ID at 69, 82, 90, 97.  To justify that result, Judge Lord cited to the Commission's