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Indirect patent infringement and Global-Tech

03 June 2011

Intellectual Property Alert

On May 31, 2011, the U.S. Supreme Court found that the Federal Circuit's application of its "deliberate indifference" test in SEB S.A. v. Montgomery Ward & Co., 594 F.3d 1360 (2010), was inappropriate to establish the knowledge required for inducement under 35 U.S.C. § 271(b), but that a defendant's "willful blindness" could, alternatively, be used to satisfy this knowledge requirement.

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