Highlights of 2015 and What to Watch in 2016 in The United States -
Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent is invalid is not a defense to inducing infringement of that patent.
A party that induces another’s patent infringement is liable if the party “knowingly” induced the infringement and possessed “specific intent” to encourage the other party’s direct infringement. In Commil, the Federal Circuit had held that an accused inducer’s good faith belief of invalidity may negate the requisite intent for induced infringement.
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