15.21 Derivative Liability-Contributory Infringement
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FAQ
These are examples of contributory infringement: Selling components used exclusively to construct a patented item. Selling non-infringing components with instructions on how use them in an infringing manner. Importing a 3D-printed device with the exact specifications of a patented device.
Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in infringing activities.
Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in infringing activities.
?Contributory infringement requires 'only proof of a defendant's knowledge, not intent, that his activity cause infringement.
?Contributory infringement requires 'only proof of a defendant's knowledge, not intent, that his activity cause infringement.
The party who performs all of the steps is liable as a direct infringer, while the inducer is liable as an indirect infringer. Contributory infringement, which is not relevant here, exists when a defendant sells or offers to sell a component that can only be used in infringing a patented invention.
Damages for Patent Contributory Infringement Plaintiffs may attempt to claim compensatory damages that equate to either: Reasonable royalties, had the defendant properly licensed the patent, or. Lost profits due to the defendant's infringing activity.