Law360, New York ( June 26, 2015, 10:54 AM EDT) -- The U.S. Supreme Court recently issued its opinion in Commil USA LLC v. Cisco Systems Inc.[1] on the doctrine of induced patent infringement and, in particular, on the issue of the accused inducer's subjective knowledge and intent regarding the underlying act of direct infringement. The Commil decision, however, may not resolve some problematic issues confronting district courts and litigants on the knowledge and intent elements of induced infringement, in part because knowledge and intent have temporal aspects while patent infringement is often an ongoing tort. Knowledge can be gained at a later time and that knowledge can affect an accused inducer's intent. While Commil did not explicitly address the temporal aspects of the knowledge and intent elements, this article notes some problems arising because of them and makes some observations for litigants....
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