I followed the trail of the Induce Act into patent law, curious to discover possible limiting principles. There is a requirement of proof of actual intent:

Inducement of infringement occurs whenever someone "actively induces
infringement of a patent." 35 U.S.C. S 271(b). On its face, 271(b) is much
broader than 271(c) and certainly does not speakof any intent requirement to
prove active inducement. However, in view ofthe very definition of "active
inducement" in pre-1952 case law and the factthat 271(b) was intended as
merely a codification of pre-1952 law, theFederal Circuit has stated that
they are of the opinion that proof of actual intent to cause the acts which
constitute the infringement is a necessary prerequisite to finding active
inducement. See Water Technologies v. Calco,Ltd., 850 F.2d 660, 668, 7
USPQ2d 1097, 1103 (Fed.Cir.1988)(intent is necessary and that it may be shown
by circumstantial evidence).

posted by Solveig Singleton @ 7:44 AM | Internet: P2P, Search Engines..., Patents

Link to this Entry | Printer-Friendly | Email a Comment | Post a Comment(0)