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Expert Analysis

Foreign Patent Damages: A Look Back And A Look Ahead

By Alex Chan (June 24, 2018, 8:14 PM EDT) -- On Friday, the U.S. Supreme Court provided much-needed clarity on the availability of foreign lost profits to patent owners. In a 7-2 decision, the court in WesternGeco held that patent owners are entitled to foreign lost profits because such an award is a domestic application of 35 U.S.C. § 284.[1] The court found that Section 284 focuses on "infringement" and "how much" a patentee has "suffered by the infringement." Since the conduct that 35 U.S.C. § 271(f)(2) regulates is the domestic act of exporting components from the U.S., the court ruled that the presumption against extraterritoriality does not apply to bar foreign lost profits....

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