DSU Medical Corporation v. JMS Co., Ltd. 471 F.3d 1293 (Fed. Cir. 2006).
To succeed on a claim of inducement of patent infringement under 35 U.S.C. §271(b), a plaintiff must demonstrate that an alleged infringer knowingly induced actual infringement. Knowingly inducing infringement does not include knowingly inducing the acts that constitute direct infringement, the Federal Circuit has ruled in an en banc “section” decision. “Knowing inducement” does necessarily include, however, a showing that the alleged infringer knew of the patent. Affirming a district court’s ruling that the Plaintiff failed to show contributory and induced infringement by a manufacturer of needle guards, which are used to protect medical professionals from puncture wounds that can lead to blood-borne diseases such as AIDS and Hepatitis B, the Court noted that a conflict in its case law necessitated this clear expression of the inducement standard.