The Intent Element of Induced Infringement
14 Pages Posted: 8 Aug 2006 Last revised: 8 Apr 2015
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.
Keywords: patent, infringe, induce, Grokster
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