Turning a blind eye backfires – Supreme Court addresses induced patent infringement

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Abstract: When a home appliance manufacturer copied a design from a competitor’s fryer that didn’t have U.S. patent markings, it was successfully sued based on the induced infringement theory, which, an appeals court said, requires a showing that the alleged infringer knew or should have known that its actions would induce actual infringement. But, finding the relevant provision ambiguous, the Supreme Court delved into the criteria necessary to satisfy the knowledge requirement. This article explains how its findings affected the case. A sidebar explains the effect that the recently passed America Invents Act is expected to have on patent law. Global-Tech Appliances, Inc. v. SEB S.A., No. 10-6, May 31, 2011 (Supreme Court)