The Assertion of Extraterritorial Patent Jurisdiction in Europe

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US patents have some extraterritorial effect. A party can be liable for patent infringement if it supplies components of a patented invention to a foreign country to be assembled there. In WesternGeco LLC v. ION Geophysical Corp., the US Supreme Court recently ruled, by a 7-2 majority, that damages can be recovered for lost profits in respect of foreign sales resulting from such supply.

Originally published in Intellectual Property & Technology Law Journal - April 2019.

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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.

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