United States:
Beyond The Presumption Against Extraterritoriality
12 November 2018
Patterson Belknap Webb & Tyler LLP
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The Supreme Court of the US handed patent owners a significant
victory in WesternGeco v ION by overturning the Federal
Circuit's bright-line rule prohibiting recovery of lost profits
accrued overseas as a result of domestic patent infringement under
§ 271(f)(2) of the Patent Act.§ 271(f)(2) prohibits
supplying components of a patented invention from the US with the
intent that they be combined abroad.
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