The Intent Element of Induced Infringement

14 Pages Posted: 8 Aug 2006 Last revised: 8 Apr 2015

See all articles by Timothy R. Holbrook

Timothy R. Holbrook

University of Denver Sturm College of Law

Abstract

The Federal Circuit is currently split on what the requisite intent for induced infringement should be: an intent to induce infringement or an intent to induce the acts that constitute infringement. I argue that the former is the correct standard, given the exceptional nature of this infringement provision. As a result, a good faith belief that there is no direct infringement would insulate the inducer from liability, although such a belief would only preclude pre-suit damages and not prospective relief, such as an injunction, in a manner similar to a laches defense.

Keywords: patent, infringe, induce, Grokster

Suggested Citation

Holbrook, Timothy Richard, The Intent Element of Induced Infringement. Santa Clara Computer and High Technology Law Journal, Vol. 22, 2006, Available at SSRN: https://ssrn.com/abstract=909602

Timothy Richard Holbrook (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80210
United States

HOME PAGE: http://www.law.du.edu/about/people/tim-holbrook

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