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Expert Analysis

What To Expect From High Court Patent Damages Ruling

By Jerry Selinger and Grant Davis (April 24, 2018, 1:02 PM EDT) -- The U.S. Supreme Court held oral argument in WesternGeco LLC v. Ion Geophysical Corp. on April 16, 2018. The petition for certiorari was granted on the question of "[w]hether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven under 35 U.S.C. § 271(f)." While the damage theory in this § 271(f) case is somewhat unusual, the court's decision could have broader implications for patent damages....

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