specific intent : CAFC Alert

Foreign manufacturer’s intent to induce infringement in the U.S. inferred from large worldwide market share

| December 7, 2018

Enplas Display Device Corp. v. Seoul Semiconductor Co.

November 19, 2018

Before Newman, Hughes, and Stoll. Opinion by Stoll.


The CAFC affirmed the district court’s judgment of no invalidity and of induced infringement, although it vacated most of the damages award. The induced infringement issue was a “close question” because there was no direct evidence that Enplas actually knew that certain lenses it was selling outside the U.S. would be incorporated into TVs sold in the U.S. But the court held that based mainly on Enplas’ large worldwide market share and in the context of its previous relationship with SSC, there was enough circumstantial evidence to meet the specific intent requirement.

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