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Supreme Court of the United States › Damages › Patent Act

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... more +
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 -
Faegre Drinker Biddle & Reath LLP

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

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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

McDermott Will & Emery

The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits

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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

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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

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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

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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

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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

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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

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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.

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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

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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

Nutter McClennen & Fish LLP on

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

Cole Schotz

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

Cole Schotz on

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

Farella Braun + Martel LLP

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

Farella Braun + Martel LLP on

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

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - June 2018 #4

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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

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Wilson Sonsini Goodrich & Rosati

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

Wilson Sonsini Goodrich & Rosati on

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

Goodwin

SCOTUS Permits Lost Foreign Profit Damages

Goodwin on

On Friday, in WesternGeco LLC v. ION Geophysical Corp., the Supreme Court held 7-2 that patentees may recover lost foreign profits based on infringement under 35 U.S.C. § 271(f)(2), reversing the Federal Circuit. Justice...more

Snell & Wilmer

Supreme Court Opens the Door to Recovering Lost Foreign Profits in Patent Cases

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In a 7-2 decision, the Supreme Court of the United States has opened the door for patent owners to recover lost foreign profits under §§ 284 and 271(f)(2) of the Patent Act. Although the Court’s decision in WesternGeco LLC v....more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Allows Recovery of Lost Foreign Profits for Infringement under § 271(f)

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• The Supreme Court in WesternGeco LLC v. ION Geophysical Corp. held 7-2 that because ION exported components of WesternGeco’s patented system in violation of 35 U.S.C. § 271(f)(2), WesternGeco was entitled to recover damages...more

Alston & Bird

Supreme Court Holds Patent Owners Can Recover Lost Foreign Profits

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Our Intellectual Property Group reviews the Supreme Court’s narrow decision ending the nearly decade-long saga of whether manufacturing parts in the U.S. and assembling them overseas can bring recovery of lost profits for the...more

Stoel Rives LLP

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

Stoel Rives LLP on

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision...more

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