Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation
By EsqSocial Corporation 05/11/20
The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere inaction, absent an affirmative act to encourage infringement, cannot be the basis for a claim of inducement. The Federal Circuit also affirmed the district court’s reduction of the jury’s damages award to $0 despite a finding of direct infringement because the plaintiff failed...
By: McDermott Will & Emery