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The question decided, as set forth in the opinion by Justice Thomas, writing for the majority, was: As we do with all Supreme Court intellectual property decisions, immediately upon publication of the Supreme Court decision this morning we reached out to our distinguished panel of industry insiders.
Below these experts offer their instant reaction to this important decision on patent damages and infringement. Here the Federal Circuit applied 35 U.
The patent owner, WesternGeco convincingly argued that lost profits, including foreign lost profits, were available to compensate them for infringement under 35 U. The Supreme Court interpreted 35 U. Thus, it still requires a tie to a statutory wrong committed in the U.
On the other hand, a full remedy for a statutorily proscribed act that occurs in the U. Is this decision really as limited as the Court suggests?
The decision does not provide a remedy for the underlying foreign acts that would be direct infringement had they occurred in the U. However, the relevant factor here appears to be that liability is triggered by domestic acts — not the part of the statutory provision that expressly extends to conduct outside the U.
Nor for that matter is the rationale of this decision necessarily limited to patent damages.
The decision does appear to open up some more room for a full remedy for infringement or other violation or tortwhich addresses foreign consequences. Ron Abramson is a litigator with many years of experience in the software, telecommunications and Internet industries.
Abramson is recognized by Super Lawyers as a top-rated intellectual property litigation attorney in New York, and has been selected as a Fellow of the Litigation Counsel of America.
Efrat Kasznik President, Foresight Valuation Group Parties seeking to evade US patent laws have, and always will, seek to find new methods of achieving this goal.
This ruling reinforces the strength of the US patent system by aligning foreign lost profit damages with the definition of infringement, which includes the act of supplying components of patented invention that were intended to be incorporated into a device in a manner than would trigger liability as an infringer, had the acts been committed in the US.
As stated by the Court: When infringement can be proven, there necessarily must be infringement within the territorial reach of the US patent laws. The damaged party is allowed to recover damages, including lost profits, that are adequate to compensate for infringement and the Court has determined that the recovery of lost profits is not limited to domestic lost profits.
The expansion of lost profits to include foreign lost profits enhances the ability of a patent owner to recover the appropriate amount damages that would make them whole, without artificially excluding foreign lost profit damages from the pool of available damages.
Efrat Kasznik is a valuation and intellectual property IP expert, with close to 20 years of consulting experience, focusing on assisting clients with the creation, commercialization and protection of their intangible assets.
She specializes in performing business valuations and valuations of intangible assets. On the other hand, it expressly did not address the broader issues of causation raised during oral argument. It is likely that patentees in future cases will grasp to apply this same logic to justify capturing damages from extraterritorial sales in other situations.
While the White House has been focused on bringing manufacturing back to America, U. She focuses her practice on civil litigation, with an emphasis on IP and complex commercial matters. The Supreme Court typically likes to address questions about extraterritoriality directly, but here, I think the majority might have felt that the extraterritoriality arguments militated against the relief it thought was adequate to compensate patent owners under f 2.
Christopher Loh practices complex patent litigation in the areas of pharmaceuticals, biotechnology and chemistry. Over the past fifteen years, he has litigated patent cases involving anti-HIV therapies, anti-hepatitis drugs, antidepressants and statins, including as lead counsel.Well into adulthood I was under the impression that I’m a brilliant master schemer but now that I think of it I think my mom only bought all that ice cream on the shopping lists because she found it adorable.
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I cropped the 4 pictures I liked using the "Square/CD Cover" option. Then, I selected all 4 pictures and clicked on the "Collage" button. I picked the "Grid" option and then changed the aspect ratio to 4 X 1 (because I had 4 pictures and I wanted them in one row).
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The calendar was rebuilt from fiscal period setup. This worked for most years. Renee C. Quinn Renée C Quinn is the Chief Operating Officer of IPWatchdog, Inc. She has worked with IPWatchdog since April , where she is in charge of all of the day to day, behind-the-scenes.