Lens manufacturer loses the blame game – Circumstantial evidence seals induced patent infringement liability
Abstract: It may seem apparent to patentees when someone is inducing third parties to infringe their patents, but it’s not always easy to prove in a court of law. The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, recently provided a welcome reminder that sometimes circumstantial evidence can go a long way. This article reviews the court’s discussion regarding evidence requirements, as well as the proper calculation of lump-sum reasonable royalty damages. Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., No. 16-2599, Nov. 19, 2018, Fed. Cir.