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Belief a patent is invalid

Commil USA v. Cisco Systems

Updated Oct 18, 2026

In brief

The Court ruled that believing a patent was invalid is no defense to Commil's claim, wiped out the Federal Circuit's ruling, and sent the case back.

Where it stands
Decided

Decided 6-2 · May 26, 2015 · Opinion by Justice Kennedy

What it’s about
Commil sued Cisco, alleging it encouraged customers to use Commil’s patented wireless method without permission.
Who it affects
For companies accused of encouraging others to use a patented invention without permission, a good-faith belief that the patent was invalid is not a defense.

Summary: written with AI from the case record.

Illustration for Commil USA, LLC v. Cisco Systems, Inc.
Conceptual illustration · AI-generated

What it's about

The Court decided a defendant’s good-faith belief a patent was invalid is no defense to a claim that it encouraged such use; it wiped out the Federal Circuit ruling and sent the case back (vacated and remanded).

The dispute asked whether a company's belief about a patent's validity matters when it is accused of encouraging customers to use the patented method.

Question presented

Is a good-faith belief that a patent is invalid a defense to a claim of induced infringement?

What the Court decided

Holding

A defendant’s belief regarding patent validity is not a defense to an induced infringement claim. 720 F. 3d 1361, vacated and remanded.

Result
Vacated

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 6joined the Court's opinion
  1. Kagan
  2. Thomas
  3. Kennedywrote the opinion
  4. Ginsburg
  5. Sotomayor
  6. Alito
Dissenting · 2disagreed with the result
  1. Scaliawrote the dissent
  2. Roberts
6 justices joined the judgment, 2 dissented.

From the opinions

“I disagree, however, with the Court’s holding that good-faith belief in a patent’s invalidity is not a defense to induced infringement.”

— Justice Scalia(dissent)

What's next

The Federal Circuit will take up the case again under the Supreme Court's ruling. The Supreme Court did not decide whether Cisco was liable for encouraging customers to use the patented method without permission.

Documents

1

Docket activity

9
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

Show 4 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Opinion added: Commil

    May 26, 2015 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis