In an order today, the Supreme Court agreed to hear a case regarding the necessary intent for inducing infringement under 35 U.S.C. § 271(b). The case is Global-Tech Appliances, Inc. v. SEB S.A., docket number 10-6. The specific question presented is:
Whether the legal standard for the state of mind element of a claim for actively inducing infringement under 35 U.S.C. § 271(b) is "deliberate indifference of a known risk" that an infringement may occur, as the Court of Appeals for the Federal Circuit held, or "purposeful, culpable expression and conduct" to encourage an infringement, as this Court taught in MGM Studios, Inc. v. Grokster; Ltd., 545 U.S. 913, 937, 125 S. Ct. 2764,2780,162 L. Ed. 2d 781, 801 (2005)?