Rejecting the existing standard, the Supreme Court held in Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. ___ (May 31, 2011), that inducement of infringement requires either actual knowledge of infringement, or “willful blindness” regarding such knowledge.  The decision clarifies 35 USC Section 271(b), “whoever actively induces infringement of a patent shall be liable as [...]

The Federal Circuit visited the topic of spoilation, the destruction of evidence related to pending or reasonably foreseeable litigation, in two recent opinions involving patents owned by Rambus Technology for computer memory standards.  As explained below, under Micron and Hynix, courts may more easily find spoilation on a mere contingency of litigation, particularly when an accused [...]

In a recent en banc decision, Therasense, Inc. v. Becton, Dickinson and Company, (Fed. Cir. 2011), the Federal Circuit raised the requirement for inequitable conduct in obtaining patents and limited its reach.  Citing the need to rein in inequitable conduct allegations, the Circuit found conduct must be both material to patentability and intended to deceive [...]

The USPTO has been working on a three-track program for utility patent prosecution.  The program allows applicants to pay additional fees to enter an accelerated track (Track 1).  Track 2 is the standard course of examination, and Track 3 allows applicants to slow down examination while also delaying various fees.  In February, the Patent Office [...]