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What’s Next For Foreign Patent Damages?

Law360 (July 2, 2018, 1:04 PM EDT) -- The U.S. Supreme Court — in WesternGeco LLC v. Ion Geophysical Corp. — held that a patentee may recover foreign lost profit damages for patent infringements under 35 U.S.C. § 271(f)(2). Section 271(f), enacted in 1984, created patent liability for exporting from the United States components especially made for use in an infringing device. This statute closed a loophole that had allowed manufacturers of infringing products to escape liability by manufacturing unassembled components in the United States and shipping them abroad for foreign assembly. Here, the...
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