On Tuesday, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. Here, attorneys tell Law360 why the decision in Commil USA LLC v. Cisco Systems Inc. is significant.

Marc S. Segal, Ballard Spahr LLP

“The Supreme Court has closed the door on what would have been a substantial defense to induced infringement, and the decision will allay fears expressed by some that the Federal Circuit’s holding had all but eliminated inducement as a viable theory of infringement liability. The decision will also be cheered by industries in which inducement is often the only practical route for enforcement. The ruling may encourage those who would otherwise have relied upon their reasonable belief in invalidity as a defense to inducement to take advantage of the procedures for challenging validity, such as post-grant and inter partes reviews.”


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