Wednesday, September 22, 2010

Draft Opinion Letter Sinks Induced Infringement Claim

Defendants' motions for summary judgment of no induced infringement were granted because defendants reasonably relied on a draft opinion letter of noninfringement and therefore could not have possessed the requisite intent to induce infringement. "[Counsel] testified at his deposition that he never finalized the draft because [defendant and plaintiff's] predecessor-in-interest came to the conclusion that there was no infringement issue. . . . Beyond their arguments that the Opinion is not a competent opinion letter, [plaintiff] has not presented any other evidence tending to indicate that either [defendant] specifically and knowingly intended to cause direct infringement. Thus, without more, [plaintiff] has failed to show there is a genuine issue of material fact as to whether [the defendants] possessed the specific intent to induce infringement."

Goss International Americas, Inc. v. Graphic Management Associates, Inc., 1-05-cv-05622 (ILND September 14, 2010, Memorandum Opinion & Order) (Kendall, J.)

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