On June 22, 2018, the US Supreme Court clarified the scope of permissible patent damages awards by holding that when a party is found liable under
35 U.S.C. § 271(f) for exporting components of a patented invention, foreign...more
6/26/2018
/ 35 U.S.C. § 271(f)(2) ,
Appeals ,
Component Parts Doctrine ,
Damages ,
Domestic Injury ,
Exports ,
Extraterritoriality Rules ,
Foreign Profits ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
WesternGeco LLC v Ion Geophysical Corporation
On May 22, 2017, the Supreme Court fundamentally narrowed patent venue by unanimously holding in TC Heartland that patent holders must follow the patent venue statute, 28 U.S.C. § 1400(b), which requires suing (1) “where the...more
When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more
7/13/2017
/ Corporate Counsel ,
Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Principal Place of Business ,
Raytheon ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
The US Supreme Court held in Life Techs. Corp. v. Promega Corp., Slip No. 14-1538 (Feb. 22, 2017) that supplying a single component of a multi-component invention manufactured abroad does not give rise to patent infringement...more
In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a...more
12/9/2016
/ Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Component Parts Doctrine ,
Design Patent ,
Patent Infringement ,
Popular ,
Remand ,
Reversal ,
SCOTUS ,
Smartphones