A Brief History of Indirect Liability for Patent Infringement
Document Type
Article
Publication Date
2006
Publisher
Santa Clara Computer and High Technology Law Journal
Abstract
The Patent Act of 1952 codified liability for active inducement of infringement and contributory infringement in 35 U.S.C. § 271. The patent law doctrines of active inducement of infringement and contributory infringement had developed out of a line of cases in the nineteenth century, but the United States Supreme Court eventually ruled that they conflicted with the doctrine of patent misuse. The enactment of § 271 overruled the Supreme Court's decisions that the defense of patent misuse prevailed over the doctrines of active inducement of infringement and contributory infringement. The Senate Report that accompanied the legislation indicated that active inducement of infringement was broader than contributory infringement and that contributory infringement was intended to cover the most common circumstance. The Sony and Grokster decisions make this history relevant to the indirect infringement of copyrights.
Recommended Citation
Charles W. Adams, A Brief History of Indirect Liability for Patent Infringement, 22 SANTA CLARA COMPUTER & HIGH TECH. L.J. 369 (2006).