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Article
The Intent Element of Induced Infringement
Santa Clara Computer and High Technology Law Journal (2006)
  • Timothy R. Holbrook, Chicago-Kent 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.
Disciplines
Publication Date
January, 2006
Citation Information
The Intent Element of Induced Infringement, 22 Santa Clara Computer and High Technology Law Journal 399 (2006).