Intellectual Property
Oct. 26, 2010
Intent to Induce:Accomplice Liability in Patent Cases
Who should be liable as an accomplice to patent infringement?
On Oct. 12, 2010, the U.S. Supreme Court agreed to consider Global-Tech Appliances v. SEB, 594 F.3d 1360 (Fed. Cir. 2010), a patent case involving the doctrine of induced infringement. Inducement is similar to accomplice liability in criminal cases. It subjects an entity that aids and abets another's infringement to the same liability it would face if it had engaged in the same amount of "direct" infringement itself. And, as with accomplice liability, the law requires the plaintiff ...
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