The U.S. Supreme Court in May issued its decision in Commil USA v. Cisco Systems, which rejected the argument that a good-faith belief in the invalidity of a patent could serve as a defense to an allegation of induced infringement.
In doing so, the Supreme Court eliminated a potential safe harbor for entities accused of inducing infringement of a patent. It also reiterated the reality that infringement and invalidity are separate concepts that underlie the determination of whether an accused infringer will ultimately be liable to the patentee.
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