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U.S. Supreme Court,
Intellectual Property

Jul. 7, 2011

US Supreme Court Confuses Patent Infringement Law

A recent decision will create confusion about what is required to trigger liability for patent infringement.

Craig E. Countryman

Principal, Fish & Richardson PC

Email: countryman@fr.com

The U.S. Supreme Court's decision in Global-Tech Appliances Inc. v. SEB S.A., 2011 DJDAR 7769 (May 31, 2011) will create confusion about what is required to trigger liability for inducing patent infringement. A patent permits its owner to exclude others from making, using, selling, offering to sell, or importing the patented invention in the United States. A person who commits one of these acts is said to "directly infringe" the patent. Someone who "actively induces" others to dir...

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