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The Accidental Tourist: Examining Analogies In WesternGeco

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.[1] 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...
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