An accused party’s belief in the invalidity of a patent is not a defense to a claim that the party induced infringement of the patent, the U.S. Supreme Court has held. In a dispute between Commil USA and accused infringer Cisco Systems, the Court reversed a holding of the U.S. Court of Appeals for the Federal Circuit that “evidence of an accused inducer’s good-faith belief of invalidity may negate the requisite intent for induced infringement.” The case was remanded for further proceedings consistent with the Supreme Court’s decision (Commil USA, LLC v. Cisco Systems, Inc., May 26, 2015, Kennedy, A.).
In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the usability of the object.
The case T-66-07, Svenco Papperssäcker AB v. Segezha Packaging A/S, Svenco had filed suit claiming infringement of its Danish patent DK 175 996D1 claiming that Segezha had infringed this patent by marketing wastepaper bags with an inside line marking the maximum content of the wastepaper bag.
Segezha, on the other hand, entered a plea of invalidity of the patent-in-suit.
Against this background, the parties requested that the court-appointed experts of its own – as is usual in D [...]