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(b) Constructive Knowledge

B. The Elements of Contributory Liability under Inwood: 3. The Requirement of Actual or Constructive Knowledge: (b) Constructive Knowledge

The question under Inwood of whether a plaintiff’s proactive measures give a defendant “reason to know,” i.e. constructive knowledge, of infringement, generally has been treated by the courts in the context of willful blindness, discussed in detail infra.  In Tiffany, supra, however, the court was meticulous to examine separately whether Tiffany’s generalized assertions of infringement, [...]