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ARTICLE · 08 DECEMBER 2014

Supreme Court Docket Report - December 5, 2014

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Patent Act—Induced Infringement—Defense of Good-Faith Belief of Invalidity

United StatesLitigation, Mediation & Arbitration

Today (December 5, 2014), the Supreme Court granted certiorari in one case of interest to the business community:

Patent Act—Induced Infringement—Defense of Good-Faith Belief of Invalidity

35 U.S.C. § 271(b) imposes liability on anyone who "actively induces infringement of a patent." In 2011, the Supreme Court held that Section 271(b) requires actual "knowledge that the induced acts constitute patent infringement." Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060, 2068 (2011). Today, the Supreme Court granted certiorari in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, to decide whether a defendant's good-faith belief that a patent is invalid defeats the actual-knowledge requirement.

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