Induced Infringement under US Patent Law

Jatin Jalundhwala, Joint President Legal and Company Secretary, Adani Group
Anagha Tendulkar, Patent In-house counsel, Cipla

Induced infringement finds its basis in 35 U.S.C. § 271(b) and holds a person, liable if he actively causes infringement, even if the actor himself is not the direct infringer. This is one of the doctrines that helps protect, for limited time, the inventors’ exclusive right to their inventions, essentially by awarding liability to those responsible for infringement. The jurisprudence of induced infringement is rapidly evolving, especially in pharmaceutical cases, and warrants the study of evolution of the doctrine to understand it completely. This paper looks into how United States patent law came to recognize induced infringement, which was earlier not separate from contributory infringement. This paper further explores the development of the doctrine over the years. It also looks into different aspects that make up the philosophy of induced infringement and give rise to the essential elements that are required to prove inducement of infringement. Finally, it also discusses case law to show how the doctrine has been applied by the courts to determine liability of those aiding and abetting infringement, if any.

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India Intellectual Property Pharmaceutical June 2022 Vol.15, No. 59, Spring 2022

Jatin Jalundhwala

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Jatin Jalundhwala is the Joint President Legal and Company Secretary of the Adani Group in India.

Anagha Tendulkar

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Anagha Tendulkar, is an In-house counsel at Cipla Limited, India. Her role majorly focusses on activities relating to ANDA litigations and includes pre-litigation, in- litigation and post- litigation strategizing for early product launch. Other activities include portfolio selection, priming on legal and regulatory hurdles, strategic decision making, due diligence for small molecules and biologicals, etc. Professional background She has about 14 years of experience in this field. Prior to joining Cipla Limited, she was an In- house counsel at Panacea Biotech, India. Her role was to manage various IP related activities for the organization, including identifying early market entry opportunities, patent due diligences, design- around strategies, patent drafting and prosecution. Presentations • Speaker- National Seminar organized by PES, Modern College of Pharmacy, India- “Patent Basics and Overview of Generic Drugs in US” • Invited to address on “Patents- an insight” at a symposium, Modern College of Pharmacy, India Publications/ Posters • “Written Description Requirement of Patentability” Anagha Tendulkar, Patent In- house counsel, Cipla. International In-house Counsel Journal Vol. 15, No. 58, Winter 2022, 1 . “Blocking Effect of the Blocking Act?” Anagha Tendulkar, Patent In- house counsel, Cipla. International In-house Counsel Journal Vol. 14, No. 55, Spring 2021, 1 • “Demethylation and Transcriptional activation of genes involved in metastasis of pancreatic cancer by Methyl-CpG-binding domain 2. ” Tendulkar S. , Ou J. -N. , Tendulkar A. , Szyf M. Pharmacological research day (PRD) annual meeting Montreal, CANADA, Jun 2006. • “Demethylation and Transcriptional activation of genes involved in metastasis of pancreatic cancer by Methyl-CpG-binding domain 2. ” Tendulkar S. , Ou J. -N. , Tendulkar A. , Szyf M. AACR, Washington D. C. , Apr 2006. • “Metabolic engineering of Yeast: Yarrowia lipolytica” Tendulkar A. , Bhave S. Chattoo B. B. , International meeting - “Yeast 2003”, IMTECH, Chandigarh, India, Feb 2003. Education • LL. B, University of Mumbai • Registered Patent Agent, India • P. G. Diploma in Patent Management, AIPS, Mumbai • Research Associate, Department of Pharmacology, McGill University, Canada • Research Fellow, MSU, Baroda, India • Post-graduation, University of Mumbai (Microbiology/ Biotechnology) Achievements • Qualified- Joint All- India CSIR-UGC Test, CSIR, New Delhi, India • Qualified- State Eligibility Test, University of Pune, Maharashtra, India • Awarded Certificate of merit, Post-graduation, University of Mumbai

Cipla

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Cipla Limited is an Indian multinational pharmaceutical company, headquartered in Mumbai, India. It primarily develops medicines to treat respiratory, cardiovascular disease, arthritis, diabetes, weight control, depression, and other medical conditions. Cipla is a global pharmaceutical company which uses cutting edge technology and innovation to meet the everyday needs of all patients. For over 80 years, Cipla has emerged as one of the most respected pharmaceutical names in India as well as across more than 100 countries. Its portfolio includes over 1000 products across wide range of therapeutic categories with one quality standard globally. Cipla’s emphasis on access for patients was recognized globally for the pioneering role played in HIV/AIDS treatment as the first pharmaceutical company to provide a triple combination anti-retroviral (ARV) in Africa at less than a dollar a day and thereby treating many millions of patients since 2001.

Adani Group

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Adani Enterprises Limited, together with its subsidiaries, engages in the coal trading, coal mining, oil and gas exploration, ports, multi-modal logistics, power generation and transmission, gas distribution, and edible oil and agro commodities businesses in India and internationally.

India Intellectual Property Pharmaceutical June 2022 Vol.15, No. 59, Spring 2022

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