U.S. Supreme Court,
Civil Litigation,
International Law,
Intellectual Property
Jun. 25, 2018
WesternGeco: Patent damages know no borders
Last week, the U.S. Supreme Court overturned the Federal Circuit’s application of the presumption against extraterritoriality and cleared the way for patent owners to recover foreign lost profits.
Alex H. Chan
Partner
Devlin Law Firm LLC
Email: achan@devlinlawfirm.com
Univ. of New Hampshire SOL; Concord NH
OCTOBER 2017 TERM
The federal statute that governs patent damages can be found at 35 U.S.C. Section 284. Under Section 284, patentees are entitled to "damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer."
On June 22, in a 7-2 decision, the U.S. Supreme Court in WesternGeco v. ION, 2...
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