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Supreme Court defends presumption of patent validity

Peter Leung, Washington DC

The US Supreme Court has rejected the argument that a good faith belief in a patent’s invalidity is a defence against liability for inducement to infringe

In Commil v Cisco, the defendant Cisco argued that since a good faith belief in non-infringement is a defence against inducement liability, a good faith belief in the patent’s invalidity should similarly be a defence. Meanwhile, the plaintiff Commil took...

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