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


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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