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Editor's Note :

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Global-Tech Appliances, Inc. v. SEB S.A.

Docket No. Op. Below Argument Opinion Vote Author Term
10-6 Federal Cir. Feb 23, 2011
Tr.Aud.
May 31, 2011 8-1 Alito OT 2010

Holding: (1) Induced infringement under 35 U.S.C. §#271(b) requires knowledge that the induced acts constitute patent infringement; and (2) deliberate indifference to a known risk that a patent exists does not satisfy the knowledge required by Section 271(b).

Plain English Holding: To prove that a defendant caused another company to violate a patent, the plaintiff must show that the defendant knew that the company’s activities would violate the patent. It is not enough to show that the defendant knew that there was a chance that the activities could violate the patent but paid no attention to the risk.

Judgment: Affirmed, 8-1, in an opinion by Justice Alito on May 31, 2011. Justice Kennedy filed a dissenting opinion.

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