2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) -

..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO -

..Inducement requires proof that the accused:

– (1) knows of the patent-in-suit, and

– (2) knows that the actions induced constitute patent infringement -

..Scienter element for induced infringement concerns infringement only, not validity -

..Defense would undermine presumption of validity -

..Frivolous patent assertions can still be addressed with Rule 11 sanctions or fee awards under Section 285…

Please see full Presentation below for more information.