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.
Recent Trends in Rule 702 Decisions
In this CRA Insights, we update the Rule 702 Decision trends in last year’s Insights with 2022 data. We also provide three examples of specific challenges in...