In recent years, U.S. Internet service providers (“ISPs”) such as Google, Yahoo, and YouTube have been challenged in U.S. courts by copyright owners alleging that materials hosted on the ISPs’ websites infringe on the owners’ rights.
Today, the U.S. Supreme Court heard oral arguments in a patent case to determine the standard of intent necessary to establish liability for inducing patent infringement under 35 U.S.C. 271(b).
How should a patent holder and a company that infringes a patent divide the profits obtained by use of the patent holder's invention? This question forms a vital part of the "hypothetical negotiation" that determines the damages that are awarded in most patent cases.