Beyond the Presumption Against Extraterritoriality

August 22, 2018

The Supreme Court of the US handed patent owners a significant victory in WesternGeco v IONby 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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