Cox v. Sony and the Future of Patent Contributory Liability: How a Copyright Case Could Reshape Patent Law

by Dennis Crouch

The Supreme Court's pending decision in Cox Communications v. Sony Music is a copyright case focused on internet service provider liability, but it also has the potential of reshaping patent law doctrine. Briefing is ongoing in the merits case which will be likely decided in Spring 2026. Cox Communications, Inc. v. Sony Music Entertainment, No. 24-181 (U.S. cert. granted July 1, 2025). The case centers on whether an ISP can be held liable for contributory copyright infringement for continuing to provide internet access to subscribers it knows are repeat infringers, without proof of specific affirmative conduct to promote infringement. Adjudged infringer Cox argues that the Fourth Circuit's approach in the case uses a diluted standard for "material contribution" that threatens to unravel decades of carefully calibrated secondary liability doctrine. The music industry counters that Cox's conduct went beyond passive provision of service - by knowingly maintaining internet access for accounts that received tens of thousands of infringement notices, Cox substantially assisted ongoing piracy and should face liability.

While directly focused on copyright, the case is likely to have direct impact on patent law doctrine as well.  This spillover stems from the recognized "historic kinship" between patent and copyright contributory liability standards.  The two questions presented as:

1. Whether knowledge plus continued provision suffices for contributory liability; and
2. Whether willfulness requires awareness that one's own conduct is unlawful (i.e., infringement).

Answers to both questions will almost certainly influence how courts interpret parallel doctrines under under both § 271(b) (inducement) and § 271(c) (contributory infringement) as well as enhanced damages for willful infringement.