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Intellectual PropertyFeaturesInternational LawLitigationPatent LitigationThe Intellectual Property Strategist

Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

By Scott Graham
May 01, 2018

The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.

Justice Stephen Breyer warned that allowing damages for infringement that occurs outside the country could lead to “chaos.” But he and a few other justices suggested the problem could be overcome by applying traditional tort causation rules.

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