CCIA Asks Supreme Court To Consider Law, Consequences In Patent Case

BY Heather Greenfield
February 27, 2015

Washington – The Supreme Court has a case that could give patent trolls even more tools and make a common defense — a good faith belief of non-infringement — irrelevant. The Computer & Communications Industry Association has filed a friend of the court brief in the Commil v. Cisco case, explaining that granting additional power to patent assertion entities would lead to unnecessary and harmful developments in patent and possibly even copyright law.

In the brief, CCIA explained that lowering the bar for patent plaintiffs to sue businesses only indirectly involved “is unnecessary because patent owners still have a complete remedy for infringement of their patents under 35 U.S.C. § 271(a). It is harmful because patent assertion entities (PAEs) would be able to leverage such a change to do even more damage to the economy and to American businesses.”

The following can be attributed to CCIA patent counsel Matt Levy:

“The Federal Circuit correctly applied the law in this case. However this case is resolved, it is imperative that the Court not overturn the requirement that intent to induce patent infringement requires more than just knowledge of the patent. To erode this standard would threaten innovation and investment in the information technology industry and embolden patent trolls.

“Patent trolls’ entire business model relies on the difficulty of proving patents invalid. Their victims tend to settle because mounting any sort of defense is extremely expensive. If the Supreme Court interprets the law as Commil requests, patent trolls would have new ways to find the deepest pockets to sue. That would be a terrible outcome.”

Related Articles

CCIA Applauds Introduction of Bi-Partisan Bills To Increase Diversity And Transparency In The Patent System

Sep 22, 2021

Washington – U.S. Senators Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, and Thom Tillis (R-NC) have introduced two bipartisan bills that promote transparency and diversity in the U.S. patent system.  One bill would require recording at the U.S. Patent and Trademark Office who owns a patent within 90…

The AIA At Ten: The Positive Impact of Inter Partes Review

Jul 12, 2021

The America Invents Act celebrates its tenth anniversary this year. This panel will examine perspectives from a variety of industries, ranging from life sciences to startups, on how the inter partes review process created in the AIA has improved patent quality, reduced patent litigation, and promoted progress in the innovation ecosystem.   The AIA At…