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Weintraub Genshlea Chediak Law Corporation

> Patent Law > Just Because You Think It’s Invalid Doesn’t Mean You Don’t Infringe!

A U.S. patent is “presumed” valid. That means a patent owner does not need to prove the patent is valid in a suit for infringement. And, as the U.S. Supreme Court just explained in Commil United States, LLC v. Cisco Systems, Inc. , 2015 U.S. LEXIS 3406 (May 26, 2015), a defendant’s belief that the patent is invalid is not a defense to infringement.

Commil owned a patent that covered a method for increasing the speed of wireless networks. Commil sued Cisco for patent infringement, alleging that Cisco directly infringed the patent by making and using certain network equipment. Commil also alleged that Cisco indirectly infringed the patent by inducing infringement, that is, by selling the equipment to others and instructing them how to use the equipment, causing them to thereby infringe the patent.

At trial, the jury found that Cisco had directly infringed the patent. With respect to the claim of indirect infringement, Cisco contended that it did not have the required specific intent to induce infringement because it believed in good faith that the patent was invalid. The district court for the Eastern District of Texas ruled that Cisco’s evidence of its good faith belief was not admissible as a defense to infringement. The jury found Cisco liable to Commil and awarded Commil $63.7 million in damages.

Cisco appealed to the Federal Circuit Court of Appeals, arguing that the district court’s ruling was erroneous. The appellate court reversed the district court, holding that a good faith belief that a patent is invalid is sufficient to negate the required specific intent to induce infringement.

The Supreme Court reversed the Federal Circuit. The court explained that infringement and validity are two different issues. To prove that a defendant induced infringement, a plaintiff must show that the defendant knew that the induced acts constituted patent infringement.

The Court held that infringement and invalidity are independent of each other. A defendant may successfully defend against a claim of patent infringement by defending against the infringement allegation or by proving that the patent is invalid. A defendant may assert either noninfringement or invalidity or it may assert both.

7 Over-the-Top Luxury Camping Resorts

Have you ever enjoyed turn-down service…in a tent? How about breakfast in your camp bed or nightly s’mores service? Even if you’re a hardcore camper, happy to rough it, c’mon…this sounds pretty great, right? Here’s where you can find glamping at its best in the western U.S.

Dunton River Camp – Cresto Ranch, Colorado

Nestled in the Colorado Rockies on the banks of the Dolores River, the summer-only Dunton River Camp offers eight super spacious safari-style tents that come complete with your own bathroom and a luxurious 6-foot soaker tub. Enjoy chef-prepared meals at the on-site farmhouse, evening cocktails at the communal fire pit, a riverside sauna and complimentary mountain bikes to explore the spectacular local trails.

The Resort at Paws Up – Greenough, Montana

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goes above and beyond for its tent camping guests, with private camp butlers, a concierge tent serving gourmet breakfast, snacks, and drinks, and luxury bedding. Plus, daily activities at Paws Up can include cattle wrangling, helicopter rides, hot air balloon journeys, and fly fishing.

Fireside Resort – Jackson Hole, Wyoming

Jackson Hole has its share of luxury accommodations, but at Fireside Resort , you can you’re roughing it in your own tiny house-style cabin. Enjoy a full kitchen, curl up by your own fireplace, and cross-country ski from your front door in winter. There’s also an outdoor fire pit at each unit if your glamping experience won’t be complete without a campfire.

Glacier Under Canvas – Glacier National Park, Montana

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is a glamping resort company that’s all about location, location, location. Each of their sites are conveniently situated near some of the country’s most spectacular national parks, including Glacier, Yellowstone, Grand Canyon, Zion and Moab. At their Glacier location, just seven miles from the park entrance, guests can choose from safari-style tents, teepees or deluxe set-ups that can accommodate up to six people.

AutoCamp – Russian River, California

Camp overnight in a vintage Airstream trailer decked out with comfy hotel-quality bedding and linens, a spa-inspired bathroom, and a mini kitchen complete with the necessities. There are also a number of luxurious canvas tents on site and an ultra-sleek communal area that beckons glampers to relax with its indoor/outdoor fire pits. Only 90 minutes north of San Francisco, AutoCamp’s Russian River location is within easy distance of the Sonoma wine country and close to plenty of outdoor recreation in the California redwoods.

Collective Retreats Yellowstone – Big Sky, Montana

Collective Retreats’ Yellowstone location (they offer luxury camping at several sites throughout the U.S.), may be an hour drive from the park’s west entrance, but it’s in the heart of Montana’s scenic Moonlight Basin where nearby outdoor activities abound. After a day of world-class trout fishing, hiking, horseback riding or rafting, enjoy chef-prepared meal under the stars, s’mores by the campfire and a plush night’s sleep in a luxury tent that boasts king-size beds, Pendleton blankets and a private bathroom housed in a custom teepee adjacent to your tent.

Treebones – Big Sur, California

At Treebones in Big Sur you can stay in an autonomous tent or canvas yurt perched on the edge of the stunning California coastline. Or, if you’re more into sleeping outdoors, you can opt for the ‘human nest’, a cozy shelter that resembles a bird’s nest. The glamping resort boasts an organic garden, inspired architectural designs, and even two restaurants on premise, including a sushi bar.

By Amy Whitley

Amy Whitley is an award-winning travel writer, copy editor and aspiring novelist.

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