The tort of induced patent infringement codified in 35 U.S.C. '271(b) is a powerful tool that patent owners can use when it is not feasible or practical to sue a direct infringer.
Recognizing a Problem Is the First Step: Federal Circuit Acknowledges Unsettled Law, But Declines to Clarify
The tort of induced patent infringement codified in 35 U.S.C. '271(b) is a powerful tool that patent owners can use when it is not feasible or practical to sue a direct infringer. In order to prove this claim, a patent owner must establish that 1) its claim is directly infringed by a third party, 2) that the defendant induced that third party to infringe, and 3) that the defendant possessed intent to encourage that party to infringe.
By
Paul A. Ragusa And Edward R. TempestaThis premium content is locked for LawJournalNewsletters subscribers only
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