Tech Vision, Inc. has purchased several copies of a patented cell phone. It instructed its engineering team to take the phones apart, figure out how they work, and then make identical cell phones for Tech Vision. Have any parties committed infringement? Discuss.

Question

Quizplus · Accepted Answer

The Answer is Yes. The engineers have committed direct infringement by making a patented item; although they may have acted innocently, infringement has still occurred. Such innocence may serve to reduce damages but it does not excuse infringement. Tech Vision (and its officers and directors) has committed indirect infringement. It has encouraged and induced infringement (similar to "aiding and abetting" a criminal act) by instructing its engineers to infringe the patented cell phone.