US Supreme Court Says Patent Owners May Recover Foreign Damages In Certain Instances

On June 22, 2018, the US Supreme Court issued its opinion in WesternGeco LLC v. ION Geophysical Corp. (available here). Under 35 U. S. C. § 271(f)(2), a company can be held liable for patent infringement if it ships components of a patented invention overseas to be assembled there. The Supreme Court held that a patent owner who shows infringement under § 271(f)(2) can recover lost foreign profits.