News & Analysis as of

Damages Supreme Court of the United States Patent Infringement

Pillsbury Winthrop Shaw Pittman LLP

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024

Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #4

SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Nov. 17, 2020) - Our Case of the Week is one of two cases we revisit following further precedential decisions issued by the Federal Circuit this week (see...more

White & Case LLP

Design patents: a growing trend in the hardware space

White & Case LLP on

Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

Faegre Drinker Biddle & Reath LLP

The Restoration of (Bad) Faith: The Proper Standard for a Factual Finding of Willful Infringement

Enhanced Damages Under the Patent Act - The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or assessed.” 35 U.S.C. § 284. The...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

McDermott Will & Emery

The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits

Following remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit addressed the impact of an intervening invalidation of four of six patent claims in issue by the Patent Trial and...more

Sunstein LLP

July 2018 IP Update: In Limited Circumstances, the Supreme Court Permits Businesses to Recover Patent Damages for Sales Made...

Sunstein LLP on

The Supreme Court recently answered the question whether a patent owner can collect damages caused by an infringer’s sales outside the U.S. Federal law typically reaches only conduct within the country, but the justices made...more

Tarter Krinsky & Drogin LLP

U.S. Supreme Court Broadens The Territorial Scope Of Patent Damages

In a 7-2 decision, its first to address the extraterritorial scope of patent damages since passage of the modern patent act, the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011 (June 22, 2018),...more

Jackson Walker

Extraterritorial Reach Of Patents— Impact Of Recent Supreme Court Decisions

Jackson Walker on

Jackson Walker partner Leisa Talbert Peschel spoke at the 14th Annual Advanced Patent Litigation Course on Thursday, July 12, at the U.S. Patent and Trademark Office’s Rocky Mountain Regional Office in Denver, Colorado. ...more

Proskauer - New England IP Blog

Supreme Court Opens the Floodgates for Foreign Lost Profits Damages

In a 7-2 decision issued late last month, the U.S. Supreme Court ruled that patentees can recover damages resulting from the exportation of certain components to foreign jurisdictions, where those components are then...more

Miles & Stockbridge P.C.

Patents: Lost & Found WesternGeco Provides for Recovery of Lost Foreign Profits

Patents are valuable intellectual property assets that grant their owners a limited monopoly over the sale and use of the patented subject matter for a fixed period of time. The patent permits its owner to recover potentially...more

Weintraub Tobin

Recovery of Lost Foreign Profits for Infringement of a U.S. Patent

Weintraub Tobin on

While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are significant limits to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

WesternGeco v. ION Geophysical

Lost Foreign Profits Awarded as Damages - It is an act of infringement under U.S. patent law to supply “in or from the United States” certain components of a patented invention with the intent that they “will be combined...more

Ladas & Parry LLP

SCOTUS Grants The Loss Of Overseas Profits To Be Included In Damages In Western Geco LLC v. Ion Geophysical Corporation

Ladas & Parry LLP on

On June 22, 2018 in WesternGeco LLC v. Ion Geophysical Corporation, the Supreme Court held in a 7 – 2 decision written by Thomas J with Gorsuch and Breyer JJ dissenting that the loss of foreign profits resulting from the...more

K&L Gates LLP

Supreme Court Protects Patent Owners Facing Challenges of Globalization

K&L Gates LLP on

In a June 22, 2018 decision, the U.S. Supreme Court confronted the intersection between patent law and the increasing pace of globalization. With increasing frequency, accused infringers have been citing the presumption...more

Foley Hoag LLP

Supreme Court Permits Award of Foreign Lost Profits When Patented Components Are Assembled Outside the U.S.

Foley Hoag LLP on

On Friday, June 22, 2018, in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011, the U.S. Supreme Court held that damages awards for infringement under 35 U.S.C. §271(f)(2) may include foreign lost profits. The ruling will...more

Bradley Arant Boult Cummings LLP

Supreme Court Says Patent Owners Can Recover Foreign Lost Profits - Intellectual Property News

In a long-awaited decision, the United States Supreme Court on Friday held that WesternGeco is entitled to lost profits resulting from the infringing export from the U.S. of components of a patented system assembled and sold...more

McDermott Will & Emery

Foreign Lost Profits Recoverable from the US Supplier

McDermott Will & Emery on

The United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp. holding that a patent owner may recover lost foreign profits for infringement under § 271(f) of the Patent Act because it is a...more

Nutter McClennen & Fish LLP

WesternGeco LLC v. ION GeoPhysical: U.S. Supreme Court Issues Decision on Patent Damages

On June 22, the Supreme Court issued its opinion in WesternGeco LLC v. ION GeoPhysical, which addresses the ability of a patent owner to collect lost profits from sales abroad for infringement under 35 U.S.C. § 271(f)(2)....more

Knobbe Martens

Supreme Court Allows for Patent Damages Incurred Outside the United States

Knobbe Martens on

The Supreme Court issued an important pro-patent-owner decision affecting multinational corporations. In WesternGeco LLC v. ION Geophysical Corp., in a 7-2 decision, the Supreme Court held that a patentee may recover foreign...more

Burr & Forman

WesternGeco: The Supreme Court Rules That Patent Damages Arising From Foreign Activities May Be Permitted

Burr & Forman on

On June 22, 2018, in a 7-2 opinion, the Supreme Court of the United States reversed the Court of Appeals for the Federal Circuit and held that under 35 U.S.C. § 271(f)(2), patent damages arising from foreign activities may be...more

100 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide