Indirect patent infringement and Global-Tech
03 June 2011IP 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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