To succeed on a claim of induced infringement, a patent owner must show that the accused infringer (1) actively encouraged infringement, (2) knew that the acts they induced constituted patent infringement, and (3) actuated direct patent infringement by those encouraging acts. In many courts, the knowledge requirement can be satisfied by service of a complaint for patent infringement itself. So, the accused infringer can start to incur liability at the onset of litigation. In the minority of courts, only pre-suit knowledge can satisfy the knowledge requirement. In those jurisdictions, the plaintiff must show the accused infringer knew about the alleged infringement before the onset of litigation. The amount of evidence required to show pre-suit knowledge at the pleading phase is an open question.
Litigation
- CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction
- CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious
- Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights
- Induced Infringement: The Knowledge Requirement and When it is Established
- Federal Circuit Delivers Amazon a Win, Vacating Jury Verdict that Echo Induced Infringement
Recent Posts
- Certification Marks: The Tie that Binds Scotch Whisky, the International Ladies Garment Worker’s Union and a Rated R Motion Picture
- Win for Photographer in Ninth Circuit Reversal of Fair Use Finding
- Entrepreneur Spotlight: How Ray Young is Fighting Content Theft Encouraged by Big Tech Platforms
- Studebaker & Brackett is Hiring a Patent Attorney or Agent
- Other Barks & Bites for Friday, August 5: Win for AbbVie at Seventh Circuit; Eleventh Circuit Affirms Ruling for Monster Energy; and Ninth Circuit Reverses Fair Use Finding in Death Valley Lake Photo Case