An End To Systematically Undercompensating US Patentees?

By Daniel McDonald (December 20, 2017, 1:09 PM EST) -- The solicitor general recently submitted an amicus brief to the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011. The brief supports the grant of certiorari on the grounds that the Federal Circuit's holding in that case "systematically undercompensates" U.S. patent owners. Should the Supreme Court grant cert and follow the solicitor general's recommendations, the decision could lead to a multibillion-dollar shift in damages awards for infringing U.S. patents.

The question presented is whether a patentee that proved a domestic act of patent infringement may recover lost profits that it would have earned outside the United States but...

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