Foreign Patent Damages Recovery 2 Years After WesternGeco

Law360 (August 18, 2020, 11:56 AM EDT) -- It has been two years since the U.S. Supreme Court's decision in WesternGeco LLC v. ION Geophysical Corp., and there have been surprisingly few opinions about extraterritorial patent damages, including (1) whether plaintiffs are entitled to seek discovery on extraterritorial sales; (2) Daubert motions and motions to strike expert reports regarding extraterritorial damages; and (3) motions in limine to prevent discussion of extraterritorial sales.

Why? Are plaintiffs not pursuing damages based on extraterritorial sales? Are defendants not fighting about turning over worldwide sales information? Are courts deciding these issues orally and not writing opinions on them?

The potential increase in recovery to...

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