

The following is not meant to be legal advice.
On
These cases were: Manville Sales Corp. v. Paramount Systems, Inc., 917 F.2d 544, 554 (Fed. Cir. 1990) and Hewlett-Packard Co. v. Bausch & Lomb, Inc., 909 F.2d 1464 (Fed. Cir. 1990).
Under section 271(b), "[w]hoever actively induces infringement of a patent shall be liable as an infringer." 35 U.S.C. § 271(b). A party is traditionally liable for direct patent infringement only when it makes, uses, sells, offers for sale or imports an infringing product into the
In DSU Medical Corp. v. JMS Co., Ltd., Case No. 04-1620, the Federal Circuit held that intent to infringe, "specific intent" is the benchmark. In DSU, plaintiffs will have to adduce evidence of culpable conduct, directed to encouraging another’s direct infringement, not merely that the inducer had knowledge of the direct infringer’s activities. In DSU, there was sufficient evidence to support the jury’s verdict of no inducement. There was evidence that the defendant had obtained opinion letters advising it that the accused product did not infringe.







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