The Accidental Tourist: Examining Analogies In WesternGeco
By Daniel McDonald and Ryan BoreloMay 23, 2018, 1:01 PM EDT
Law360 (May 23, 2018, 1:01 PM EDT) -- The U.S. Supreme Court heard oral arguments in April 2018 in WesternGeco LLC v. Ion Geophysical Corp., which examined the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement. The proceedings included discussion of various versions of a recurring and at times amusing analogy of an unlucky French visitor who is hit by a car.
Like a car accident, patent infringement involves a tortious act. Because of this similarity, and perhaps a desire to simplify the...