On Tuesday, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. Here, attorneys tell Law360 why the decision in Commil USA LLC v. Cisco Systems Inc. is significant.
“By foreclosing a good-faith belief in invalidity as a defense to induced infringement, the court’s decision in Commil is problematic for defendants for obvious reasons. This is especially the case when invalidity is the primary defense, and we’ve all seen patent claims that are overbroad on their face absent some tortured construction.”
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About Leo Lam
Mr. Lam has an extensive and successful IP litigation and trial practice. His focus has been in the patent arena, a natural fit given the advantage of his prior training and experience as an electrical engineer. Mr. Lam has handled patent cases throughout the country spanning a wide range of technologies. He also has substantial experience in trade secret, copyright, and trademark cases, as well as general complex civil litigation. Regardless of the type of technology or area of law involved, his approach centers on providing result-oriented, bottom-line strategies to achieve the best possible outcome for each client, whether by means of trial, pretrial disposition, or negotiation and settlement.