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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, Grokster

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Date posted: August 8, 2006 ; Last revised: December 5, 2014

Suggested Citation

Holbrook, Timothy R., The Intent Element of Induced Infringement. Santa Clara Computer and High Technology Law Journal, Vol. 22, 2006. Available at SSRN: http://ssrn.com/abstract=909602

Contact Information

Timothy Richard Holbrook (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States
404-712-0353 (Phone)

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