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IP Alert UPDATE: Supreme Court to Consider Whether Restriction of Lost Profits Was Proper

January 16, 2018

UPDATE: Last week, the U.S. Supreme Court granted a writ of certiorari in WesternGeco LLC v. ION Geophysical Corp. The Court will address the following question involving the recovery of lost profits in patent infringement cases:

“Whether the U.S. Court of Appeals for the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. § 271(f).”

Our alert summarizing the Federal Circuit’s July 2015 ruling in this case can be found here. The Supreme Court vacated the 2015 ruling for reconsideration of the issue of enhanced damages, but the Federal Circuit subsequently reinstated that portion of its 2015 ruling that addressed lost profits.

Fitch Even attorneys will report once the Court has issued its opinion.

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