Patent Law

As mentioned in my January 7, 2008 post, H. Keeto Sabharwal and Melissa D. Pierre of Blank Rome LLP presented "How to Effectively Litigate a Case of Active Inducement" at the Advanced Patent Law Institute.

35 U.S.C. § 271(b) states, ?Whoever actively induces infringement of a patent shall be liable as an infringer." 

• Allows patentee to sue entities that sell products used to practice a claimed method even though defendant does not directly infringe that claim
  • E.g., instruction manuals, brochures, website information, product labels

• Imposes the same level of liability on a person or entity who induces infringement as it does on direct infringers

Two Requirements for Finding Inducement:

1. A showing that the conduct being induced is, in fact, a direct infringement; and
2. Proof of intent

See the full presentation (Download 50346830_1.PPT).