The Intent Element of Induced Infringement
Timothy R. Holbrook
Emory University School of Law
Santa Clara Computer and High Technology Law Journal, Vol. 22, 2006
The Federal Circuit is currently split on what the requisite intent for induced infringement should be: an intent to induce infringement or an intent to induce the acts that constitute infringement. I argue that the former is the correct standard, given the exceptional nature of this infringement provision. As a result, a good faith belief that there is no direct infringement would insulate the inducer from liability, although such a belief would only preclude pre-suit damages and not prospective relief, such as an injunction, in a manner similar to a laches defense.
Number of Pages in PDF File: 14
Keywords: patent, infringe, induce, GroksterAccepted Paper Series
Date posted: August 8, 2006
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