October 2010

Looking Ahead

On October 12, 2010, the Supreme Court granted certiorari in Global-Tech Appliances Inc. v. SEB S.A., No. 10-6, opinion below, SEB S.A. v. Montgomery Ward & Co., 594 F.3d 1360 (Fed. Cir. 2010).  Petitioner Global-Tech Appliances Inc. challenged the Federal Circuit ruling that inducement to infringe may be established without actual knowledge of the patent through a showing of a “deliberate indifference” to a risk that the patent exists.  The particular question presented is “[w]hether the legal standard for the state of mind element of a claim for actively inducing infringement under 35 U.S.C.
§ 271(b) is ‘deliberate indifference of a known risk’ that an infringement may occur, . . . or ‘purposeful, culpable expression and conduct’ to encourage an infringement.”  The case will be briefed and argued in the coming months.  A decision is expected before the end of June 2011.