The Patent Shoppe
  • Home
  • Firm Information
    • Areas of Practice
    • Firm Philosophy
    • Services and Pricing
  • Personnel
    • Patrick J. Lavender
  • Insight
  • Links
  • Contact Us

What are the requirements for establishing a claim for contributory infringement?

11/29/2016

 
The standard for contributory infringement it set out by the statute in 35 U.S.C. 271(c):

"Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or an apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer."

First, there must be direct infringement of the patent.  See Deepsouth Packing Co. v. Laitram Corp. 406 U.S. 518 (1972). 
Second, the alleged contributory infringer must have been aware of the patent and that his or her actions would lead to infringement of the patent.  See Aro Mfg., Co. v. Convertible Top Replacement Co., 377 U.S. 476 (1964). Third, there must not be a substantial non-infringing use of the component in question. See Dawson Chemical Co. v. Rohm and Haas Co., 448 U.S. 176 (1980). That is to say, the sale of some article adapted to both an infringing use and to some other lawful use is not sufficient.

Comments are closed.

    Insight
    ( Official Blog )

    RSS Feed

© COPYRIGHT 2015, THE PATENT SHOPPE. ALL RIGHTS RESERVED. THIS WEBSITE IS PUBLISHED BY THE LAW FIRM THE PATENT SHOPPE. ITS CONTENTS ARE NOT INTENDED TO SERVE AS LEGAL ADVICE OR LEGAL OPINION. SUCH ADVICE MAY ONLY BE PROVIDED WHEN RELATED TO SPECIFIC FACT SITUATIONS THAT THE PATENT SHOPPE HAS BEEN RETAINED AS COUNSEL TO ADDRESS.