Patent Law | Expert Legal Commentary
April 1, 2010
SEB v. Montgomery Ward: “Deliberate Indifference” Can Sustain Inducement Claim
SEB S.A. v. Montgomery Ward & Co., Inc.
By
Thomas F. Zuber of Zuber & Taillieu and Yuri Mikulka
The Federal Circuit Court has broadened the standard for inducement of patent infringement by holding that proof of a defendants’ deliberate disregard of the risk that a patent exists can meet the actual knowledge requirement of an inducement claim. In SEB S.A. v. Montgomery Ward & Co., Inc., 594 F.3d 1360 (Fed. Cir. 2010), the Federal Circuit found that a defendant could be found liable for inducement -- even without evidence of its actual knowledge of the patent-in-suit -- if the evidence indicated that the defendant acted with “deliberate indifference” of a known risk that the patent existed. The Court also held that foreign corporations could be held liable for direct infringement even if sale of the infringing product is f.o.b. outside of the U.S., if the defendant intends for the product to be sold in the U.S.
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About the Authors
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/toddtaulman
