HOUSTON, February 23, 2009 -- In a February 23, 2009 article on the Employment and IP Law360 websites, Baker Botts lawyer Anthony Iannitelli discusses the possible liability individual officers or directors may face for patent infringement committed by a corporation. If corporate officers or directors assume they are not individually liable for illegal acts committed by a corporation, they could be painfully mistaken.
“For instance, in Orthokinetics v. Safety Travel Chairs, the U.S. Court of Appeals for the Federal Circuit noted, ‘It is well settled that corporate officers who actively aid and abet their corporation’s infringement may be personally liable for inducing infringement.’”
Iannitelli continues on to describe the legal standards that must be established and the difficult task of proving willful intent in the role of the officer or director. In the end, he notes, “At the least, the potential personal liability of officers or directors should be one of the factors considered when discussing whether to seek an opinion of counsel.”
To read the full article, please click here.
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