Posts Tagged: WesternGeco v. ION
The Pathway to Foreign Damages for Patent Infringement
Automobiles, smartphones, laptops, medical devices, among other end products, contain scores of individual components supplied by vendors. For end products sold domestically, vendors for the components are …
Broad Application of WesternGeco Leads to Increased Patent Damages in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.
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 …
Federal Circuit Treatment of ‘Commercial Success’ in Hatch-Waxman Cases
In order to establish that the commercial success factor supports a non-obviousness finding, the patentee must establish that a connection (or nexus) exists between the novel aspects …
Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad
In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …
WesternGeco’s Time-Bar Argument Fails to Save its Invalidated Patents
On appeal, WesternGeco argued 1) the Board erred as to its unpatentability determinations; and 2) the IPR proceedings were time-barred under 35 U.S.C. § 315(b) because ION acted in …
