About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs


  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat #8 Overall Rank


« Commerce Secretary Provides Administration's Views on America Invents Act | Main | BIO and PhRMA Commend Commerce Secretary for Resisting Proposed Changes to Global Patent System »

May 31, 2011



Even when SCOTUS affirms the Federal Circuit, they still can't leave well enough alone. The Federal Circuit didn't choose "deliberate indifference" as the standard for 271(c) out of thin air, but based on both SCOTUS and other federal court precedence. Even SCOTUS admitted that what Congress intended "specific intent" in 271(c) to mean is ambiguous. My cynical view is that SCOTUS chose a different standard ("willful blindness") because they simply aren't going to accept the Federal Circuit's view, even though Congress clearly indicated by creating the Federal Circuit in 1982 that the Federal Circuit was to be the primary arbiter of patent law jurisprudence. Frankly, I find the difference between "willful blindness" (which comes from the criminal context mind you) and "deliberate indifference" a bunch of meaningless semantics. This decision reaffirms my dim view of SCOTUS, especially when it comes to patent law.

The Court's ruling makes sense because of a very important point: Pentalpha did not tell its attorney that it had purchased and directly, deliberately copied the SEB fryer. If Pentalpha had informed its lawyer as to this fact, then the attorney likely would have found the patent. Because of this deliberate failure to inform the attorney of its copying, the prior art search was just a cover, and "willful blindness" makes complete sense. That considered, I'm glad this patent litigation was decided in favor of SEB.

The comments to this entry are closed.

May 2024

Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31