The Intent Element of Induced Infringement

14 Pages Posted: 8 Aug 2006 Last revised: 8 Apr 2015

Timothy R. Holbrook

Emory University School of Law

Abstract

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

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: https://ssrn.com/abstract=909602

Timothy Richard Holbrook (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-0353 (Phone)

Paper statistics

Downloads
164
Rank
148,484
Abstract Views
1,170