WesternGeco Could Lead To Cases Against Foreign Suppliers

By Jenny Colgate (August 3, 2018, 12:55 PM EDT) -- On June 22, 2018, the U.S. Supreme Court held in WesternGeco LLC v. ION Geophysical Corp. that the plaintiff could recover foreign lost profit damages as compensation for the defendant's infringement under § 271(f), where the plaintiff (WesternGeco) lost foreign sales contracts as a result of the defendant's (Ion's) infringement.[1] Since June 22, lawyers have been speculating about the decision's implications, particularly with respect to foreign lost profit damages for infringement under § 271(a). Less discussed, though, is the potential for WesternGeco to lead to a rise in patent infringement cases against foreign suppliers under § 271(b) (inducing infringement)....

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