Monday, December 6, 2010

Acts of Inducement may be Inferred from Defendant's Pre-Issuance Conduct

Defendants' motion for summary judgment of noninfringement was granted as to direct infringement, but denied as to induced infringement. "While pre-issuance conduct alone cannot be grounds for induced infringement of the [patent-in-suit], pre-issuance activity may offer evidence sufficient to infer post-issuance activity. Here, Defendants sold their products using a presentation that would have constituted inducement had the patent then been in force. The jury may infer from documented pre-issuance sales techniques that Defendants continued to use these techniques and thus induced infringement after [that] patent issued."

SynQor, Inc. v. Artesyn Technologies, Inc., et. al.,
2-07-cv-00497 (TXED December 2, 2010, Order) (Ward, J.)

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