CAFC Yer Still Doin' It Wrong

Copyfight 2015-07-01

Summary:

SCOTUS has reversed and remanded CAFC yet again. In a 6-2 ruling (Breyer recused) the Supreme Court has held that even if you think a patent is invalid you have to behave as if it is, as regards induced infringement.

Specifically, the courts seem to agree that Cisco (in this case) induced customers to infringe Commil's patent through giving them equipment to use where that equipment itself was infringing. The case is a little tricky because it's dealing with the intersection of patent validity (where peoples' mental states are not considered) and direct versus indirect infringement, which does implicate peoples' beliefs and mental states.

I'm (still) not a patent lawyer, but on first reading I think SCOTUS got it right.

Link:

http://feedproxy.google.com/~r/Copyfight/~3/iPTKaImK_S4/cafc_yer_still_doin_it_wrong.php

From feeds:

Gudgeon and gist ยป Copyfight

Tags:

laws and regulations

Date tagged:

07/01/2015, 04:13

Date published:

05/26/2015, 14:34