SCOTUS: ‘Good Faith Belief’ Not An IP Infringement Defense

A patent infringer’s contention that it believed the patent at issue was invalid is not a defense, the Supreme Court said in a recent ruling. In the 6-2 decision, the Court ruled that an invalid patent can be infringed, but the infringer may raise invalidity as a defense to liability. The Court stressed that invalidity and infringement are “different” and “separate” issues governed by provisions in different sections of the Patent Act. Thomas A. Lewry of Brooks Kushman P.C., writing for PatLit, says the ruling is likely to impact companies that are potential targets for induced and contributory infringement claims.