Editor's Note :

Editor's Note :

On Wednesday the court hears oral argument in Sandoz Inc. v. Amgen Inc. John Duffy has our preview.
On Wednesday the court also hears oral argument in Maslenjak v. United States. Amy Howe has our preview.

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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