Kevin McBride and Alex Chan Author Article for Daily Journal on Induced Infringement
Daily Journal has published the article “But I believe the patent is invalid!” written by Akin Gump intellectual property partner Kevin McBride and associate Alex Chan.
The article, included in the publication’s intellectual property supplement, examines the general framework of induced infringement as it pertains to patent law. The authors discuss the positions of proponents and opponents of a new defense against induced infringement, established by the Federal Circuit Court of Appeals, which permits an accused infringer’s good faith belief that the subject patent is invalid, even if that belief is wrong, to escape liability to induced infringement. Finally, McBride and Chan examine the legal impact of this good faith subject belief on the defense of willful infringement.
To read the full article, please click here.