Patent Law

Global-Tech v. SEB: Amicus Briefs

By Jason Rantanen

By Jason Rantanen

Several amicus briefs supporting Global-Tech/neither party were filed yesterday.  Among them is a brief by 41 Law, Economics, and Business Professors in support of the Petitioner that parallels a similar brief filed in support of the petition for certiorari.  The merits brief, coordinated by Mark Lemley, Timothy Holbrook, and Lynda Oswald, argues that the Court should reject the "deliberate indifference" standard articulated by the Federal Circuit in SEB, and instead hold that inducement require that the defendant "be aware of a patent and encourage an act that it knows or should know would infringe that patent."  In anticipation of an argument that may be made in support of the Respondent, the brief also asserts that a strict liability standard for inducement would be disastrous.  The brief can be directly downloaded here: Download 10-6, tsac, 41 Law, Economics, and Business Professors

The full set of amicus briefs is available on the American Bar Association Website.  It includes briefs from:

• The Business Software Alliance in Support of Petitioner
• Cisco Systems, Inc., Dell, Inc., and Intel Corporation in Support of Reversal
• The Clearinghouse Association and Securities Industry and Financial Markets Association in Support of Petitioner
• Comcast Corporation, Facebook, Inc., Intuit Inc., Microsoft Corporation, Netflix, Inc., Overstock.Com, Inc., and SAP America, Inc. in Support of Petitioner
• Google, Inc., in Support of Petitioner
• NewEgg, Inc., in Support of Petitioner
• The Software Freedom Law Center in Support of Petitioner
• Yahoo! Inc., Ebay Inc., Electronic Arts Inc., General Motors LLC, Hewlett Packard Company, McAfee, Inc., Red Hat, Inc., and Symantec Corporation in Support of Petitioner
• The Federal Circuit Bar Association in Support of Neither Party
• The Intellectual Property Owners Association in Support of Neither Party

Full post as published by Patently Obvious on December 07, 2010 (boomark / email).