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The history and future of induced infringement liability


On May 26, the US Supreme Court held in Commil USA v Cisco Systems that a defendant’s good-faith belief that a patent is invalid is not a defence to induced infringement under 35 USC § 271(b). What is the history of the good-faith defence to induced infringement, and how should rights holders prepare going forward? Dalila Argaez Wendlandt and Peter Walkingshaw explore the issues

In addition to clarifying the issue of a good-faith belief in invalidity, the Court affirmed its 2011 decision in Global-Tech Appliances v SEB that a defendant's good-faith belief that the conduct at issue did not constitute infringement is a defence...


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