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Justices Press Both Sides Over Foreign Patent Damages

Law360 (April 16, 2018, 11:17 PM EDT) -- In a case about whether patent owners can recover profits lost outside American borders due to infringement, U.S. Supreme Court justices expressed concern Monday that such awards could conflict with laws in other countries, but that barring them would undercompensate patentees.

The high court heard arguments in an appeal from Schlumberger Ltd. unit WesternGeco LLC challenging a Federal Circuit decision that threw out $93 million in lost profits it was awarded after Ion Geophysical Corp. was found to have infringed its oil and gas exploration patents, leaving the company with $12.5 million in royalties.

The appeals court held that the presumption...

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