Jordan Sigale Quoted in Bloomberg BNA Article on Patents
“A belief that a patent is invalid isn’t a defense to a charge of induced infringement, the Supreme Court ruled 6-2 on May 26 (Commil USA, LLC v. Cisco Systems, Inc., 2015 BL 164427, U.S., No. 13-896, 5/25/15).” Bloomberg writes that the Supreme Court reversed the Federal Circuit Court, holding that Cisco Systems Inc. couldn’t overturn a jury award based on its argument that Commil USA LLC’s Wi-Fi related patent claims were invalid. A third trial is now likely in this case, according to Bloomberg, “The case returns to the Federal Circuit with only one part of its decision reversed.”
Some commenters noted that the court’s comments on trolls were surprising, and opined that the decision likely increased the power of patent trolls. Still others thought the ruling would bring an increase in patent litigation.
Discussing the impact on litigation, Dunlap Codding Director Jordan A. Sigale, disappointed in the court’s decision, said, “There are some patents that are so overbroad and/or so ambiguous that it may be difficult to provide a reasonable opinion of non-infringement, whereas a reasonable (maybe even and clear and convincing) opinion of invalidity would be simple to write….Yet, this opinion would now be insufficient to avoid inducement liability under Commil.”