U.S. Supreme Court Hears Arguments on Extraterritorial Lost Profit Damages

On April 16, 2018 the Supreme Court heard oral arguments in WesternGeco v. Ion Geophysical, a case that explores whether lost profit damages abroad are entitled in domestic infringement cases based on extraterritoriality. Managing Intellectual Property reached to Finnegan partner Charles Collins-Chase for his perspective of the oral arguments. 

Charles said, "The tenor of the arguments seemed to lean towards favoring the petitioner's position, and arguing that lost profits should be available." However, he added, "There is some concern that if the Supreme Court reverses [the Federal Circuit's decision to not allow extraterritorial lost profit damages], companies may have an incentive to manufacture things abroad so they would not be subject to this type of infringement and lost profits analysis."