Induced Infringement

Did the Defendant Know? Filing a Complaint Can Sustain the Knowledge Element Required to Maintain a Claim of Induced Infringement

Order Granting Motion to Dismiss and Denying Request for Attorneys’ Fees and Sanctions, Edwin Lyda v. CBS Interactive, Inc., Case No. 16-cv-06592-JSW (Judge Jeffrey S. White)

In a helpful ruling for defendants, Judge White held in a recent order that res judicata prevented a plaintiff from filing a complaint for alleged inducement of patent infringement after a prior suit for direct infringement was dismissed with prejudice.  He held that the filing of the original complaint provided a colorable basis to allege the knowledge element of an inducement claim, and thus there was nothing to prevent the pursuit of an inducement claim in the original case. READ MORE

Knowledge Is Key to These Pleadings

Order Regarding Motions to Dismiss, CAP Co., Ltd.  v. McAfee, Inc., Case No. 14-cv-05068, CAP Co., Ltd. v. Symantec Corp., 14-cv-05071 (Judge James Donato)

Further highlighting the inconsistent treatment of Seagate recently noted on this blog, Judge Donato granted MacAfee’s and Symantec’s motions to dismiss CAP’s willful, induced and contributory infringement allegations, holding that failure to plead pre-suit knowledge of the patents-in-suit precludes recovery. The court held, among other things, that Seagate created a per se requirement that a Patentee move for a preliminary injunction in order to collect post-filing enhanced damages. Judge Donato also held that a complaint is sufficient notice to plead induced and contributory infringement based on post-filing knowledge. READ MORE