531. Procuring infringement.

531.     Procuring infringement.

The allegation of procuring infringement by others is probably a distinct tort based on the principle enunciated in Lumley v Gye1 and must be separately pleaded with proper particularity2. There is, however, a difference between procuring an infringement and merely facilitating one3. The sale of a non-patented article to a person who, to the vendor's knowledge, intended to use it in a patented process does not amount to procuring infringement, nor does supply for that sole purpose4.