The Supreme Court increased patent indirect infringement liabilities for companies that make and sell some but not all of the components of the patented product here in the United States then assemble the patented product overseas. For example, if a competitor makes more than one but not all of the components of the patented product here in the United States, a patent owner can … [Read more...]
Indirect infringement of a patent occurs when an entity induces another to directly infringe a patent or contributes to the direct infringement of another. 35 U.S.C. §§271(b) and (c).
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Background In Eli Lilly v. Teva (Fed. Cir. 2017), the patent owner (Eli Lilly) sued Teva under a theory of active inducement of infringement. In particular, the patent owner asserted that Teva induced others to infringe Eli Lilly’s patent (U.S. Pat. No. 7,772,209). Teva was not accused of directly infringing the patent itself, but instead was accused of indirectly infringing … [Read more...]
Bottom line: The claims of a patent should, if possible, be specifically and separately directed to each one of several entities within a distribution chain such as the end user, supplier, component supplier or manufacturer so that each of these entities can be held liable for direct patent infringement. This may be difficult and not possible to accomplish but it should be a … [Read more...]
The scope of patent protection of a patent is defined by the claims. Ideally, the claims should be written in a variety of ways so that different entities along the distribution channel can be identified as direct infringers. These entities include manufacturers, distributors, retailers and end users. Each one of these entities may be sued for patent infringement, but … [Read more...]
Federal Circuit creates a new defense to inducement of patent infringement In Commil v Cisco (Fed. Cir. June 25, 2013), the patent owner sued the alleged infringer for inducement of patent infringement. This occurs when a third party may not necessarily be infringing the patent but is encouraging another to infringe the patent. To prove inducement of infringement, the patent … [Read more...]