Commil v. Cisco: A Return to the Status Quo

Meaghan H. Kent and Joshua C. Cumby

©2015. Published in Landslide, Vol. 8, No. 2, November/December 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In May 2015, the Supreme Court vacated the Federal Circuit’s 2013 decision allowing a defendant to claim a good-faith belief in patent invalidity as a defense to induced patent infringement. Before the Federal Circuit’s decision, this defense was infrequently asserted for this purpose. Though a good-faith belief in invalidity is commonly asserted as a defense to a claim of willful infringement, it was rarely asserted as a defense to a claim of induced infringement; rather, a good-faith belief in noninfringement was the standard defense.

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