Vedder Thinking | News Deborah Lu Comments on Induced Infringement in Bloomberg BNA’s Life Sciences Law & Industry Report
July 10, 2015
Deborah L. Lu, Ph.D., Shareholder and member of the firm's Intellectual Property group, was quoted in the recent Bloomberg BNA Life Sciences Law & Industry Report article "Life Tech Asks High Court How It Can Induce Itself to Infringe Patent With UK Assembly."
On June 26, Life Technologies Corp. (Life Techs) asked the Supreme Court to decide whether or not a company can "actively induce" itself to infringe a patent (Life Techs. Corp v. Promega Corp.). Induced infringement can occur when third parties allegedly commit the infringing act but are asked or induced to do so by someone else. Life Techs is seeking high court review of a U.S. Court of Appeals for the Federal Circuit ruling that would affect any company that ships components for assembly to an overseas subsidiary.
Dr. Lu believes the Life Techs decision is just the latest assault on diagnostic patents and also stated, "[T]he self-inducement issue seems off, but I am wondering if it’s really a warning to companies not to ship to foreign subsidiaries to avoid infringement issues."
To read this Life Sciences Law & Industry Report in its entirety, please download the attachment below.
Reproduced with permission from Life Sciences Law & Industry Report, 9 LSLR 778 (July 10, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>