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.
A look at Chinese courts’ new approach to IP damages
In this Law360 article, Fei Deng, Hong Qiao, and Yi Cheng examine the trend of Chinese courts toward awarding larger non-statutory damage awards in IP cases....