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
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
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
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
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
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
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
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
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
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
• 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
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
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
WesternGeco LLC v. ION Geophysical Corp., Appeal No. 16-1011 (June 22, 2018) - In its final patent decision of the October 2017 term, the Supreme Court today issued a decision concerning the scope of damages that are...more
Patent owners have a new arrow in their quiver. The Supreme Court has held that patent owners can recover foreign lost profits for the use or sale of infringing products abroad if the products were assembled from components...more
On Friday, June 22, 2018, the Supreme Court reversed the judgment of the Federal Circuit in WesternGeco LLC v. ION Geophysical Corp. Justice Thomas (joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Alito,...more
Federal Circuit Summaries - Before the Supreme Court. Thomas delivered opinion, joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagan. Gorsuch dissenting, joined by Breyer. Summary: Patentee may recover...more
This morning, the Supreme Court greatly expanded the available lost profits in cases of international patent infringement. The court delivered its opinion in WesternGeco LLC v. Ion Geophysical Corporation—a case already...more