THE ANALYTICAL FRAMEWORK FOR THE SPECIFIC INTENT TO INDUCE INFRINGEMENT IN HATCH-WAXMAN DISPUTES

摘要

'Whoever actively induces infringement of a patent shall be liable as an infringer.'1 Inducement is a long-established form of infringement under Federal Circuit law, requiring three steps be met: (1) infringing acts occurred; (2) the defendant knew or should have known their acts would induce these acts of infringement; and (3) defendant had 'actual intent to cause the acts which constitute the infringement.'~2 This Article will focus on the third step of this analysis, the 'actual intent" prong of induced infringement, focusing on its application to generic drug companies allegedly inducing infringement in Hatch-Waxman suits.~3