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US Supreme Court allows award of foreign lost profits patent damages

Ellie Mertens, New York


WesternGeco v Ion Geophysical opinion finds the focus of section 271(f) is domestic infringement, and the fact that the remedy – lost profits damages – may apply abroad is “incidental”, in a decision observers say creates the opportunity to seek much larger damages awards

As expected, the Supreme Court decided today in favour of WesternGeco, granting the patent owner $90 million in lost profits damages. The decision was split 7-2, with the majority opinion written by Justice Thomas and the dissent written by Gorsuch...


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