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Inducing Infringement: Specific Intent And Damages Calculation, Andrew Ward

Andrew Ward

This Comment examines recent developments in the area of inducement of patent infringement. Specifically, the Comment addresses the specific intent required for inducement liability to attach and questions relevant to inducement damages calculations. With respect to intent, there has never been, nor is there now unfortunately, clear resolution regarding the intent required to induce patent infringement. Should intent to induce acts that happen to cause patent infringement be enough or must the inducer actually intend to induce patent infringements? The Supreme Court recently determined that the latter intent was most appropriate, but also explained that such intent may be shown …