How To Fix The Problem Of Foreign Patent Damages

By Jay Lapeyre (May 21, 2018, 12:06 PM EDT) -- I recently attended the U.S. Supreme Court oral arguments for WesternGeco LLC v. Ion Geophysical Corp. WesternGeco has systems patents pertaining to the performance of marine seismic surveys, and Ion was found to have infringed these patents under 35 U.S.C. § 271(f).

The basis of infringement was Ion's manufacture and export of a streamer steering device called the DigiFIN. The trial court found that DigiFINs were incorporated outside of the U.S., by Ion's customers, into marine surveys performed outside of the United States that would have infringed WesternGeco's systems patents had the surveys taken place in the United States. Section 271(f)...

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