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US Supreme Court tackles intent in induced infringement

Peter Leung, Washington DC

The presumption of validity, aiding and abetting, the relationship between infringement and invalidity, and production lines grinding to a fault- these are some of the topics discussed in yesterday’s Supreme Court oral arguments in Commil v Cisco

The case concerns whether a defendant’s good faith belief that the asserted patent is invalid is a defence against active inducement liability. It involves Commil’s patent for improving handoff of users between short-range wireless networks. Commil sued Cisco for actively...

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