Kyle Musgrove and Mini Kapoor for Houston Lawyer: High Court Underscores the Significance of Patent Invalidity and Non-infringement Opinions


In Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court held that a good faith, but ultimately incorrect belief in invalidity of a patent is not a defense to induced infringement. Of course, where the claim is found invalid, such a holding still operates to foreclose liability because where a patent “is shown to be invalid, there is no patent to be infringed.”

Commil sued Cisco for induced infringement of Commil’s patent for implementing short-range wireless networks. The Federal Circuit stated that a good faith belief that the patent was invalid negated the requirement that the alleged infringer acted with intent to induce the infringement. The Supreme Court disagreed.

Excerpted from The Houston Lawyer. To read the full article, click here.

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