As the deepwater drilling trend continues, the question of how far offshore U.S. patent law can reach is becoming a significant issue. In a recent case, U.S. Judge Keith Ellison of the Southern District of Texas was asked to rule on whether U.S. patent law extends 100 miles into the Chukchi Sea off the northwestern coast of Alaska to cover marine seismic streamer devices towed behind a survey ship under the Norwegian flag. The issue in Westerngeco required analysis of three different laws concerning the Chukchi Sea - the law of the high seas, the Presidential Proclamation that created the exclusive economic zone (EEZ) of the United States, and the Outer Continental Shelf Lands Act (“OCSLA”). Judge Ellison held that U.S. patent law did not cover the specific seas or activities in the case. Westerngeco L.L.C. v. Ion Geophysical Corp., No. 4:09-cv-182 (S.D. Tex. Mar. 2, 2011).
Please see full alert below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Civil Procedure Updates, Intellectual Property Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Jackson Walker | Attorney Advertising