Standard for Induced Patent Infringement in Flux

Standard for Induced Patent Infringement in Flux

Oct 23, 2014

Client Alert

Brownstein Client Alert, Oct. 23, 2014

Recent developments in a court case concerning induced patent infringement may have a significant impact on patent owners and patent portfolio valuations, pending review by the Supreme Court.

On October 16, 2014, the Department of Justice (DOJ) filed an amicus curiae brief urging the U.S. Supreme Court to grant certiorari in CommilUSA, LLC v. Cisco Systems, Inc. The certiorari petition was filed in January 2014 by CommilUSA. The Supreme Court invited the DOJ Solicitor General to file the brief to express its views on whether to grant review. The DOJ’s brief increases the likelihood that the Supreme Court will review the case.

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