Did High Court Overrule Fed. Circ. On Foreign Lost Profits?

By Andrew Michaels (January 11, 2019, 3:12 PM EST) -- In a recent ruling, Chief Judge Leonard P. Stark of the District of Delaware concluded that the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp. had "implicitly overruled" the prior Federal Circuit panel decision of Power Integrations Inc. v. Fairchild Semiconductor International Inc.[1] Judge Stark however expressed some hesitancy in this regard, certifying an interlocutory appeal, and stating that the court was "well aware of the unusual nature of a District Court telling a Court of Appeals that the District Court will not follow a binding Court of Appeals precedent because, in the view of the District Court, the Supreme Court has overruled the Court of Appeals."[2] The Federal Circuit recently agreed to take the interlocutory appeal, finding "substantial ground for differences of opinion" on the question of whether WesternGeco "implicitly overruled Power Integrations."[3]...

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