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Full-Text Articles in Intellectual Property Law
Eyes Wide Shut: Induced Patent Infringement And The Willful Blindness Standard, Kristin M. Hagen
Eyes Wide Shut: Induced Patent Infringement And The Willful Blindness Standard, Kristin M. Hagen
Marquette Intellectual Property Law Review
None.
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Articles & Chapters
Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …