Kilpatrick Townsend

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Induced Infringement Requires Inducer to Successfully Communicate With and Induce Third-Party Direct Infringer

National Law Review, Volume VII, Number 23

January 23, 2017

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A party cannot be liable for induced infringement where it does not successfully communicate with and induce a third-party direct infringer. Where a finding of infringement by equivalence would entirely vitiate a particular claimed element, such a finding is inappropriate.