The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees...more
The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more
The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more
In Yegiazaryan v. Smagin, the Supreme Court of the United States built upon its decision in RJR Nabisco, Inc. v. European Community, which concerned whether the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ...more
On August 29, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of an action under the Commodities Exchange Act (“CEA”) alleging that defendants manipulated the foreign benchmark for the...more
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
On October 4, 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for...more
Earlier this summer, the Supreme Court held that the Patent Act’s damages provision, 35 U.S.C. 284, allowed a patent holder to recover foreign lost profits when patent infringement liability is based on 35 U.S.C. 271(f)(2)....more
In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter...more
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
The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more
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 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 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
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
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
On Friday, June 22, 2018, the Supreme Court issued its decision in WesternGeco LLC v. ION Geophysical Corporation, 585 U.S. ___, Slip. Op. No. 16-1011 (June 22, 2018), reversing the Federal Circuit and holding that...more
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
On June 22, 2018, the United States Supreme Court held that a patent owner can collect lost foreign profits for use of an infringing product outside the U.S. The case involved WesternGeco LLC’s suit against ION Geophysical...more
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
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
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
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
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
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