DSU Medical Corp., et al v. JMS Co., Ltd, et al., __F.3d__

Section 271 of the Patent Act, the section defining acts of infringement, provides that “[w]hoever actively induces infringement of a patent shall be liable as an infringer.” 35 U.S.C. § 271(b). The Federal Circuit has long held that to prove induced infringement under this section, the patent holder must demonstrate: (1) active inducement of infringing acts, and (2) knowledge and intent. Today, the Federal Circuit clarified the proof required to meet these two elements.