is the Co-Chair of Nutter McClennen & Fish’s Intellectual Property Department and the firm’s IP Litigation practice group, and is a partner in the firm’s Intellectual Property and Litigation Departments. He is also a member of the firm’s Executive Committee. Ron works with clients of all sizes to solve their most challenging intellectual property problems. His advice ranges from designing intellectual property protection that maximizes the protectable value of the client’s investment in research and development to applying that intellectual property in court and in the marketplace to allow clients to realize that value. While much of Ron’s work involves presenting his clients’ case to judges and juries around the country, many clients ask him to apply that experience to strategic planning within their business, and especially with respect to their competitors or potential deal partners.
For more information or to contact Ron, please visit his Firm Profile Page.
Last week, Chief Judge Stark issued a ruling from the District Court in Delaware that applies WesternGeco broadly to increase patent damages from foreign sales resulting from direct infringement. Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., Civil Action No. 04-1371-LPS (Slip Op., October 4, 2018). This might occur where a patented product is made in the U.S., but sold abroad, or where the distribution channel for an infringing article includes warehousing in the U.S. The Judge ruled that WesternGeco overruled the prior law limiting these damages to U.S. sales—now, foreign sales are subject to the full panoply of U.S. patent damages any time there is infringement in the U.S. The Judge also certified this decision for interlocutory appeal, paving the way for the Federal Circuit to consider this development sooner rather than later.