On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent infringement claims based on the good-faith belief that a patent is invalid. The Federal Circuit Court of Appeals decision had vacated Commil’s multi-million dollar award ($63.7 million in damages and $10.3 million in interest) against Cisco Systems, Inc. and required a third trial to consider Cisco’s good-faith defense to Commil’s induced infringement claims. ...
The answer should be a resounding “no,” according to the United States and Commil USA, LLC, the recipient of a multi-million dollar jury award against Cisco Systems, Inc. Last week, the U.S. Supreme Court heard arguments in Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896), which probes whether one who induces infringement of another’s patent can avoid liability under 35 U.S.C. § 271(b) of the Patent Act by claiming that they had a good-faith belief that the patent at issue was invalid. Recall from our previous discussion, Commil won a jury verdict against Cisco for $74 million ...
Imagine that you are fighting to enforce your valid patents and after winning two jury verdicts you feel vindicated by the $74 million award you have been granted for the defendant’s role in inducing the infringement…then the appellate court says “try again,” because the defendant believed in good-faith that the patent was invalid. Today you may get to wake up from this daydream, but this is the real-world scenario from which Commil USA LLC is seeking relief in the U.S. Supreme Court. On December 5th, the High Court agreed to hear Commil’s appeal challenging the Federal ...
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Companies are operating in an increasingly globalized and regulated business environment, facing ever-changing and complicated litigation and regulatory challenges. We provide cutting-edge information regarding developments in federal, North Carolina State, and international litigation, as well as in arbitration, regulatory enforcement, and related business practices.
MVA Litigation Blog Updates
- In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine
- MVA team files amicus brief in the Supreme Court on the future of the Chevron Doctrine
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act cases
- Kyle Jacob and Jim McLoughlin co-author Westlaw article: Supreme Court dramatically expands scope of state court jurisdiction over businesses