On June 22, 2018, the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., reversing the Federal Circuit and holding that WesternGeco’s award for lost profits was a permissible domestic application of §284 of the Patent Act. The Court reasoned that the focus of §284, in a case involving infringement under §271(f)(2), is on the act of exporting components from the United States, and that the lost profits damages that were awarded represented a domestic application of §284. The opinion was authored by Justice Thomas on behalf of the Court. Justices Gorsuch and Breyer dissented. Click below to read the article.
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