Statutory Interpretation – Patent Infringement

By: Derek Hawkins//July 11, 2018//

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United States Supreme Court

Case Name: Westerngeco, LLC. v. ION Geophysical Corp.

Case No.: 16-1011

Focus: Statutory Interpretation – Patent Infringement

Under the Patent Act, a company can be liable for patent infringement if it ships components of a patented invention overseas to be assembled there. See 35 U. S. C. §271(f)(2). A patent owner who proves infringement under this provision is entitled to recover damages. §284. The question in this case is whether these statutes allow the patent owner to recover for lost foreign profits. We hold that they do.

Reversed and Remanded

Dissenting: GORSUCH, J., filed a dissenting opinion, in which, BREYER, J., joined.

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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