Intellectual Property Alert: U.S. Supreme Court Holds "Willful Blindness" Is Sufficient for Inducement of Patent
6/14/2011
While indirect infringement can only arise when the accused indirect infringer has at least some knowledge of the patent and intent to engage in infringing activity, it has not been clear whether a party can be liable for inducing infringement if it has no actual knowledge of the patent. The Supreme Court has now answered this question, holding that in some cases actual knowledge of the patent is not required to find inducement of infringement if the inducer is willfully blind to the existence of the patent. The Global-Tech majority held that one who “actively induces infringement of a patent” under 35 U.S.C. §§ 271(b) must know that the induced acts constitute patent infringement. Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. ____(2011) (emphasis added). But actual knowledge is not required. An eight member majority agreed that “willful blindness” is enough.
