Induced infringement applies to the sale of products necessary to perform a claimed process - even when the product has non-infringing uses - if the product was sold with express instructions for use in the infringing manner.
Though the "25 Rule," which presumes that 25 percent of the operating profit from the sale of an infringing good is a reasonable royalty rate, has been frequently relied upon as a starting point in calculating patent infringement damages for more than 40 years, the Federal Circuit recently held that this rule of thumb "is a fundamentally flawed tool.
Plaintiff Berklee College of Music, Inc. (“Berklee”) brought this action against Defendants Music Industry Educators, Inc. (“MIE”) and its majority owner John Terrell, alleging trademark and copyright infringement, unfair competition, and deceptive trade practices under M.G.L. c. 93A stemming from publication of Berklee’s copyrighted material and trademarks on MIE’s website.
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