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June 27, 2013

Belief

The reckless disregard for the law continues at the CAFC. In Commil v. Cisco Systems (2012-1042), a panel majority holds "that evidence of an accused inducer's good-faith belief of invalidity may negate the requisite intent for induced infringement." Judge Newman, in dissent: "A belief of invalidity cannot avoid liability for infringement of a patent whose validity is sustained. The panel majority's contrary holding is devoid of support in law and precedent."

Posted by Patent Hawk at June 27, 2013 12:56 PM | Infringement