High Court Addresses the Effect of Opinions on Charges of Inducement of Infringement

08/03/2015

On May 26, 2015, the Supreme Court held that an ultimately incorrect, but good faith belief in invalidity of a patent is not a defense to a claim for induced infringement in Commil USA, LLC v. Cisco Systems, Inc. However, in cases where the asserted claims are held invalid, an invalidity holding still operates as a defense because where a patent “is shown to be invalid, there is no patent to be infringed.” This article explores the practical impact of Commil on opinion practice.

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