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- CHAPTER 17 Indirect Infringement
Chapter 17 Outline
Jurisdiction | United States |
Chapter 17
Indirect Infringement
§17.01 Introduction
§17.02 Inducing Infringement Under §271(b)
[A] Acts
[1] Sale of Product Needed to Infringe
[2] Provide Instructions, Directions, or Guidance
[3] Corporate Officer Liability
[4] Generic Pharmaceutical Labeling
[a] General Principles
[b] Inducement Found: AstraZeneca v. Apotex (2011)
[c] Inducement Not Found: Takeda v. West-Ward (2015)
[d] GlaxoSmithKline v. Teva (2020-2021)
[i] Facts
[ii] GlaxoSmithKline v. Teva (October 2020), Decision Vacated
[iii] GlaxoSmithKline v. Teva (2021)
[B] Relationship Between Inducing and Direct Infringement
[1] Generally
[2] Proving Direct Infringement
[C] Intent Standard for Inducing Infringement
[1] Pre-2011 Federal Circuit Decisions
[a] Knowledge of the Patent Requirement; Rejected "Deliberate Disregard" Standard
[b] Good Faith Belief of Invalidity
[i] Commil I (Fed. Cir. 2013)
[ii] Commil II (Fed. Cir. 2013) ( en banc)
[2] Supreme Court Decisions
[a] "Willful Blindness" Standard: Global-Tech (U.S. 2011)
[b] Good Faith Belief of Invalidity Rejected as Defense: Commil III (U.S. 2015)
[3] Federal Circuit Application of Global-Tech and Commil III
[D] Rejection of Inducing Liability for Divided Infringement
[1] Introduction
[2] Akamai II (Fed. Cir. 2012) ( en banc)
[3] Akamai III (U.S. 2014)
[E] Pleading Inducing Infringement
§17.03 Contributory Infringement Under §271(c)
[A] Acts
[1] Supply Component
[2] Supply Material or Apparatus
[3] Repair Versus Reconstruction
[B] Non-Staple Article or Commodity of Commerce
[C] Intent Standard for Contributory Infringement
[D] Pleading Contributory Infringement
[E] Relationship to Patent Misuse
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