News & Analysis as of September 20, 2024

Patents

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Pillsbury Winthrop Shaw Pittman LLP on 4/26/2024

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

Latest Federal Court Cases - November 2020 #4

Schwabe, Williamson & Wyatt PC on 11/24/2020

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

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

Faegre Drinker Biddle & Reath LLP on 7/9/2019

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

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

Proskauer - Advertising Law on 7/2/2019

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

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

Foley Hoag LLP - Making Your Mark on 7/1/2019

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

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

Fenwick & West LLP on 5/16/2019

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

The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits

McDermott Will & Emery on 3/1/2019

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

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

Sunstein LLP on 9/6/2018

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

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

Tarter Krinsky & Drogin LLP on 7/23/2018

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

Extraterritorial Reach Of Patents— Impact Of Recent Supreme Court Decisions

Jackson Walker on 7/19/2018

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

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

Miles & Stockbridge P.C. on 7/17/2018

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

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

Weintraub Tobin on 7/11/2018

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

WesternGeco v. ION Geophysical

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/2/2018

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

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

Ladas & Parry LLP on 6/28/2018

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

Supreme Court Protects Patent Owners Facing Challenges of Globalization

K&L Gates LLP on 6/28/2018

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

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

Foley Hoag LLP on 6/27/2018

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

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

Bradley Arant Boult Cummings LLP on 6/27/2018

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

Foreign Lost Profits Recoverable from the US Supplier

McDermott Will & Emery on 6/27/2018

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

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

Nutter McClennen & Fish LLP on 6/27/2018

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

Supreme Court Allows for Patent Damages Incurred Outside the United States

Knobbe Martens on 6/27/2018

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

Patent Act (Sometimes) Permits Recovery Of Profits Lost On Foreign Soil

Cole Schotz on 6/27/2018

In the globalized economy, it can be hard for businesses to know what country’s laws apply. The stakes can be especially high in patent cases, which often involve millions and even billions of dollars....more

Supreme Court Allows Recovery of Foreign Lost Profits For Shipping Components of a Patented Invention Overseas

Farella Braun + Martel LLP on 6/26/2018

On June 22, 2018, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophyiscal Corp. addressing whether foreign lost profits can be recovered for infringement under 35 U.S.C. § 271(f)(2) of the Patent Act. ...more

Latest Federal Circuit Court Cases - June 2018 #4

Schwabe, Williamson & Wyatt PC on 6/26/2018

The Federal Circuit issued only one precedential patent decision last week. However, on Friday, the Supreme Court issued its long-awaited decision on extraterritorial damages in WesternGeco LLC v. ION Geophysical Corp.,...more

Component vs. Complete - the US Supreme Court imposes extraterritorial lost profits damages on parties that violate section...

Eversheds Sutherland (US) LLP on 6/26/2018

On June 22, 2018, the US Supreme Court clarified the scope of permissible patent damages awards by holding that when a party is found liable under 35 U.S.C. § 271(f) for exporting components of a patented invention, foreign...more

U.S. Supreme Court Allows Patentee to Recover Lost Foreign Profits Where Domestic Components of Patented Invention Are Assembled...

Wilson Sonsini Goodrich & Rosati on 6/26/2018

In WesternGeco LLC v. Ion Geophysical Corp., the U.S. Supreme Court ruled that a patent owner who proves infringement under one subsection of the Patent Act, 35 U.S.C. § 271(f)(2), may recover lost foreign profits, although...more

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Supreme Court of the United States › Damages › Patents

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