A New World for Indirect Infringement?: The Supreme Court’s View of Patent and Copyright Inducement Standards

Date: January 13, 2011
Duration:  55 minutes
Committee: Intellectual Property Law Committee
Format: Teleconference / Webina
Download: Audio

About the Program

In today's environment, businesses in all industries run the risk of indirectly infringing copyrights and patents without sufficient appreciation of that risk.  Internet companies, such as YouTube and Facebook, facilitate their customers’ sharing of copyrighted online content.  Others developing new drugs and new technologies are routinely accused of indirectly infringing patents of which they have no knowledge.

The Supreme Court recently agreed to examine the standard for inducing patent infringement, specifically focusing on the intent and knowledge required to show infringement.  In Global-Tech Appliances, Inc. v. SEB S.A., the Court has the opportunity to clarify knowledge and intent issues relating to both patent law and copyright law.  As explained in the 2005 Grokster case, the Court turned to patent law as the basis for the copyright standard for intentional inducement of infringement. 

This webinar will examine the specific details of the Global-Tech case.  We will discuss how the Supreme Court’s decision may alter the inducement standard in both patent and copyright.  We will also focus on how in-house and outside counsel can better protect their clients’ businesses from claims of indirect infringement of patents and copyrights.

Please note: The ABA is not requesting CLE accreditation for this program. However, if interested, you may be able to apply for credit directly with your state bar(s). Please contact your state bar for regulations and guidelines.

Program Faculty

Jill K. Tomlinson, Cowan, Liebowitz & Latman, P.C.

Matthew J. Astle, Wiley Rein LLP
Matthew J. Dowd, Wiley Rein LLP (former clerk, Chief Judge Paul Michel (ret.), CA Federal Circuit)