News & Analysis as of

Remand Extraterritoriality Rules Vacated

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

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

Supreme Court Vacates and Remands 10th Circuit's Decision in "Abitron"

The US Supreme Court ruled today in the closely watched Abitron Austria GmbH v. Hetronic International, Inc. case, which considered whether a party could recover in US courts for trademark infringement that occurred outside...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

Knobbe Martens

Westerngeco L.L.C. v. Ion Geophysical Corp. [Opinion On Remand]

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more

Knobbe Martens

Federal Circuit Review - July 2018

Knobbe Martens on

Determining Whether a Claim Element or Combination of Elements Would Have Been Well-Understood, Routine, and Conventional Is a Question of Fact - In Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No....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

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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

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

Patterson Belknap Webb & Tyler LLP

Supreme Court Reverses Federal Circuit, Holds Patent Owners May Recover Lost Foreign Profits

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

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

Dickinson Wright

Breaking News! Supreme Court Gives Patent Owners Big Win

Dickinson Wright on

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

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.

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

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

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

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

Wilson Sonsini Goodrich & Rosati

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

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

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)

• 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

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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

Schwabe, Williamson & Wyatt PC

Breaking IP News: US Supreme Court Issues Significant Decision On Extraterritorial Application Of U.S. Patent Laws

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

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