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Intellectual PropertyFeaturesInternational LawLitigationPatent LitigationUnited States Supreme CourtThe Intellectual Property Strategist

Will the Supreme Court Seismically Shift the Patent Damages Landscape in <i>WesternGeco v. ION</i>?

By Morgan Chu and Dominik Slusarczyk

The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.

In WesternGeco LLC v. ION Geophysical Corp., the Federal Circuit vacated the lost profits portion of a damages award because the profits resulted from activity on the high seas, outside the territorial reach of United States patent law. 791 F.3d 1340, 1349 (Fed. Cir. 2015) [WesternGeco I], vacated on other grounds, 136 S. Ct. 2486 (2016). The majority opinion billed the decision as largely dictated by settled precedent, but the Supreme Court granted certiorari this January to review the holding.

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