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ARTICLE · 25 OCTOBER 2010

Supreme Court Docket Report – October 12, 2010

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Chapter 28 of the United States Patent Act, 35 U.S.C. § 271(b), provides that whoever actively induces infringement of a patent shall be liable as an infringer.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published October 12, 2010

Keywords: Patent Act, patent holders, active inducement

Today the Supreme Court granted certiorari in one case of interest to the business community:

Patent Act—Required State of Mind for a Claim of Active Inducement

Chapter 28 of the United States Patent Act, 35 U.S.C. § 271(b), provides that whoever actively induces infringement of a patent shall be liable as an infringer. The Supreme Court granted certiorari today in Global-Tech Appliances, Inc. v. SEB S.A., No. 10-6, to determine the mental state that must be proven to impose inducement liability under 35 U.S.C. § 271(b).

The Court's resolution of this case will be of considerable interest to patent holders and manufacturers. If the Court holds that a plaintiff must prove that the defendant had actual knowledge of the infringed patent, inducement liability will be more difficult to establish than if the Court adopts a deliberate-indifference standard instead.

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