Supreme Court Allows Recovery of Foreign Lost Profit Damages
July 6, 2018
Authored and Edited by Ruohan Li; Elizabeth D. Ferrill
In a highly-anticipated case examining the geographical reach of U.S. patents, WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 (S. Ct. June 22, 2018), the Supreme Court held that a patent owner may recover lost profit damages resulting from foreign infringing use of a U.S. patented invention under 35 U.S.C. § 271(f)(2). In doing so, the Supreme Court reversed the Federal Circuit’s previous ruling that lost profits from use abroad cannot be awarded for infringement under 271(f).
Want to learn more? Click here for Finnegan’s IP Update analyzing the case.
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