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...]
Active Inducement of Infringement
Active inducement of infringement is a form of indirect infringement where the infringer may not be infringing the patent but with knowledge is inducing another to infringe the patent.
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...]
An opinion of patent counsel regarding patent infringement is relevant to the intent of an alleged infringer and may be useful to mitigate trebling of damages. This case expands the value of opinion of counsel to also mitigate liability for inducement of infringement. Patent infringement may be found through direct infringement. This occurs when a person personally makes, … [Read more...]
Method claims have just become more valuable. The reason is that the Federal Circuit has broadened their scope of protection. Background information Under prior patent law, infringement of a method claim could be found through either direct infringement or indirect infringement. Direct infringement of a method claim occurs when a single actor (i.e., person or entity) performs … [Read more...]
Infringement may be direct or indirect. In direct infringement, a person makes, uses, sells, offers for sale, or imports the patented product or practices the patented method. In indirect infringement, the person induces another to infringe (i.e., active inducement of infringement) or contributes to the infringement by another. In Global Tech. v. Pentalfa, the narrow issue … [Read more...]