New Supreme Court Considerations on Patent Infringement

In March 31, oral arguments for the case of Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court considered arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe. A good faith belief that another’s patent is invalid may already provide a defense to patent infringement. Now, the Court will determine whether that same defense can extend to cases of “induced infringement.”

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.