Garrard Beeney Quoted in Law360 on Significance of Recent U.S. Supreme Court Decision

May 26, 2015

On May 26, Law360 published the article “Attys React to High Court's Induced Infringement Ruling,” in which Mr. Beeney offers his views on the significance of the U.S. Supreme Court's recent decision in Commil USA LLC v. Cisco Systems Inc., in which the Court ruled a good faith belief of patent invalidity is not a defense to induced infringement. Mr. Beeney told Law360, “While this decision bucks the recent trend of the court cutting back on the rights of patent holders, it does so at the expense of failing to fully consider a clear effect of patent law: a good faith belief that a patent is invalid (if proven) negates a belief that acts constituting inducement would infringe. As the dissent points out, one cannot 'infringe' an invalid patent....” Mr. Beenery continued on about the consequences of the decision, “[t]he Federal Circuit had it right, and this decision by the court is likely to generate more, not less, costly litigation as those accused of inducement, and even those merely contemplating activities that could arguably induce infringement, will now have to consider taking action before the courts or agencies to prove invalidity, or fail to do so at their peril.”