Patent Law—Inducing Infringement: Defendant’s Good-Faith Belief That a Patent Is Invalid Is Not a Defense to a Claim for Inducing Infringement

Sullivan & Cromwell LLP - May 27, 2015

Yesterday in Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court reversed the Federal Circuit and held that a defendant’s good-faith belief that an asserted patent is invalid is not a defense to a claim that the defendant induced infringement under 35 U.S.C. § 271(b).  The Court also took the opportunity to clarify its ruling in Global-Tech Appliances, Inc. v. SEB S.A. that a plaintiff claiming induced infringement must prove that the defendant knew of the patent and that the acts it induced would constitute infringement.