CAFC gives MEMC chance on inducement
The CAFC reversed the ND Ca on an issue of inducement of infringement in MEMC v. Mitsubishi.
Although the CAFC did not accept the indemnity argument of MEMC (citing Hewlett-Packard, 909 F2d 1464), the CAFC noted the accused inducer had knowledge of MEMC's patent, furnished technical support to the ultimate customer, sent accused products directly to someone in the US, and made technical presentations in the US. The CAFC cited to MGM v. Grokster, a copyright case.
Footnote 4 has a cite to MercExchange v. eBay, 401 F.3d 1323 (CAFC 2005).
Although the CAFC did not accept the indemnity argument of MEMC (citing Hewlett-Packard, 909 F2d 1464), the CAFC noted the accused inducer had knowledge of MEMC's patent, furnished technical support to the ultimate customer, sent accused products directly to someone in the US, and made technical presentations in the US. The CAFC cited to MGM v. Grokster, a copyright case.
Footnote 4 has a cite to MercExchange v. eBay, 401 F.3d 1323 (CAFC 2005).
posted by Lawrence B. Ebert at 6:13 AM
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