High Court Clears One Inducement Hurdle, But Others Remain


Margaret Duncan assessed a Supreme Court ruling that a good faith belief that a patent is invalid is not a defense to induced patent infringement, calling the decision a setback for accused inducers, who can no longer rely on their belief that a patent is invalid. “On the defense side, you naturally want to have all the defenses available to your client, and one was taken away today” by the Court’s ruling, Ms. Duncan noted.