INVENTIVE STEP

This morning the Supreme Court granted certiorari in Global-Tech Appliances, Inc. v. SEB, S.A.

In February, the Federal Circuit affirmed a finding that the defendant induced infringement of a patent even though there was no evidence that the defendant had any knowledge of the patent.  Knowledge of the patent is generally an element of such a finding.  The court held that deliberate indifference to the whether a patent existed on a product that it had copied was sufficient to warrant the finding of infringement.

A number of bar associations and other groups filed amicus briefs supporting a petition that the entire Federal Circuit consider the case to clarify this area of the law that has been further confused by the Federal Circuit decision.  This petition was denied.

Now, it appears that the Suppreme Court has agreed to step in to rule on this area of the law.  The Court will hear the case during the current term with a decision expected by June 2011.

HT:  Hal Wegner

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