Tag Archives: damages

U.S. Supreme Court Opens the Door to Allow Patent Owners to Recover Foreign Lost Profits

The United States Supreme Court ruled on Friday that a patent owner can, at least in some situations, recover lost profits for the unauthorized use of its patented technology abroad.  The 7-2 decision in WesternGeco LLC v. ION Geophysical Corp. overturned the Federal Circuit’s opinion, which relied on the presumption against extraterritorial application of U.S. … Continue Reading

U.S. Supreme Court To Decide Whether Patent-Holders Can Recover Foreign Lost Profits

On January 12, 2018, the U.S. Supreme Court granted certiorari in WesternGeco L.L.C. v. ION Geophysical Corp., No. 16-1011.  The case stems from an opinion of the Federal Circuit in which a divided panel affirmed a jury’s verdict of patent infringement and its damages award of $12.5 million in reasonable royalties but reversed the jury’s additional … Continue Reading

The $93.4 Million Question: Can Patent-Holders Recover Profits Lost On Contracts To Be Performed Outside The U.S.?

Is a patent-holder precluded from recovering lost-profits damages for patent infringement if those profits would have been earned on contracts for services to be performed outside of U.S. territory?  That is the $93.4 million question presented by the cert petition in WesternGeco L.L.C. v. ION Geophysical Corp., No. 16-1011 and that the Supreme Court is … Continue Reading
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