Analysis
High Court Ruling To Spur Push For Broader Patent Damages
The U.S. Supreme Court's decision Friday that patent owners can recover profits lost outside the U.S. due to infringement appears limited to a certain type of case, but attorneys say patentees will likely argue it should apply broadly to allow awards of foreign lost profits in other situations. Read more »




Justices Say Patent Owners Can Recover Foreign Damages
By Ryan Davis

Law360 (June 22, 2018, 10:34 AM EDT) -- The U.S. Supreme Court ruled Friday that a Schlumberger Ltd. unit can recover profits it lost outside the U.S. due to a rival’s infringement of its oil exploration patents, saying the Federal Circuit was wrong to hold that such damages cannot be awarded based on overseas conduct.

In a 7-2 decision, the high court held that since Ion Geophysical Corp. infringed patents owned by Schlumberger’s WesternGeco LLC by shipping components of its product outside the U.S., WesternGeco is entitled to damages that include profits it lost...