This Day On The Street
Continue to site
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

United States Supreme Court Grants Writ Of Certiorari In The Case Of Global-Tech V. SEB

Global-Tech Advanced Innovations Inc. (NASDAQ:GAI) today announced that, on October 12, 2010, the U.S. Supreme Court granted a writ of certiorari in the case of Global-Tech v. SEB to decide the level of intent required for inducing infringement. Specifically, the question on which the Supreme Court granted the writ of certiorari is whether the legal standard for the "state of mind" element of a claim for actively inducing infringement under 35 U.S.C. § 271(b) is "deliberate indifference of a known risk" that an infringement may occur or instead "purposeful, culpable expression and conduct" to encourage an infringement.

As previously disclosed, SEB filed a lawsuit in the U.S. District Court for the Southern District of New York against Montgomery Ward & Co, Inc., Global-Tech Appliances Inc. and Pentalpha Enterprises, Ltd. for alleged infringement of a patent on a certain type of deep fryer. A jury returned a verdict and found that Pentalpha both directly infringed and induced infringement of the patent. SEB was awarded royalty damages of $4.65 million, an amount that later was reduced by the district court by $2 million. Pentalpha appealed asserting errors by the district court that relate to the jury verdict and several post-trial rulings. SEB cross-appealed and sought enhanced damages. In February 2010, the U.S. Court of Appeals for the Federal Circuit affirmed the district court decision. Global-Tech filed a petition for writ of certiorari on June 23, 2010 contending that the U.S. Court of Appeals erred in using the “deliberate indifference” standard in finding inducement.

Global-Tech Advanced Innovations Inc. is a holding company, owning subsidiaries that manufacture and market a diversified portfolio of products and services, such as complementary metal oxide semiconductor (CMOS) camera modules (CCMs), floor care products, and electronic manufacturing services (EMS). The primary focus of its subsidiaries is to develop and market high-quality products and services for the communications industries within the China market, as well as markets in North America, Europe, and other countries throughout the world.

1 of 2

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!
SYM TRADE IT LAST %CHG

Markets

DOW 18,139.63 +59.49 0.33%
S&P 500 2,124.59 +6.90 0.33%
NASDAQ 5,115.3320 +23.2470 0.46%

Partners Compare Online Brokers

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs