See No Evil: How the Supreme Court’s Decision in Global-Tech Appliances, Inc. v. SEB S.A. Further Muddles the Intent Element of Induced Infringement

Authors

Jeremy Adler

Abstract

The Supreme Court in Global-Tech Appliances, Inc. v. SEB S.A. clarified the requisite intent for induced patent infringement when it applied the concept of willful blindness. This Article argues that the Court’s decision was misguided and complicates an already confused doctrine. The Article first explores inducement jurisprudence up to and including the Global-Tech decision, and then reviews the doctrine of willful blindness and its application in the criminal context. The Author then argues that using willful blindness in the patent context creates practical and theoretical difficulties that only deepen uncertainty for innovators who seek to avoid infringement liability.

Recommended Citation

Jeremy Adler, See No Evil: How the Supreme Court’s Decision in Global-Tech Appliances, Inc. v. SEB S.A. Further Muddles the Intent Element of Induced Infringement, 11 Nw. J. Tech. & Intell. Prop. 559 (2013).
https://scholarlycommons.law.northwestern.edu/njtip/vol11/iss6/4