Foreign Lost Profits Recoverable for Patent Damages

The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

8 minute readAugust 01, 2018 at 12:09 AM
By
Elizabeth B. Hagan
Foreign Lost Profits Recoverable for Patent Damages

The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2).WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, 138 S. Ct. 2129 (June 22,

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