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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, 2018). This holding 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.
By J. Alexander Lawrence
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
By Connor Tucker
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
By Veronica Mullally Munoz
By Jeffrey S. Ginsberg
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review