The claim requires direct infringement by another, the defendant's knowledge of the patent, and specific intent to encourage infringing acts. Global-Tech held that willful blindness satisfies knowledge.
Direct infringement by a third party is a prerequisite.
Alternative Names:
Inducement|Active Inducement
Why it Matters?
Specific intent to cause infringing acts rather than merely to sell a product is required, which means instructions, marketing materials, and technical support directing infringing use are the evidence, and a product with substantial non-infringing uses sold without such direction generally does not induce. Knowledge frequently begins at the complaint, which limits pre-suit damages and makes notice letter timing consequential for both sides.
Frequently Confused with
Related terms
Frequently asked questions
What evidence establishes intent?
When does knowledge typically begin?
