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- Title
THE SUPREME COURT DENIES REBUTTAL: WESTERNGECO AND SALVAGING EXTRATERRITORIAL BARS TO PATENT LIABILITY.
- Authors
Calcaterra, Nicholas E.
- Abstract
The article focuses on decision of the U.S. Supreme Court in the case WesternGeco v. ION Geophysical Corp. to uphold lost profit damages predicated on foreign, non-infringing actions following patent liability. It mentions Supreme Court's use of RJR Nabisco framework in rebutting the presumption against extraterritoriality opens foreign lost profit liability across patent infringement. It also mentions comity concerns into a policy-driven proximate cause analysis for future infringement cases.
- Subjects
UNITED States; WESTERNGECO (Company); ION Geophysical Corp.; PATENT suits; PATENT infringement; EXTERRITORIALITY; COMITY clause; PROXIMATE cause (Law)
- Publication
Berkeley Technology Law Journal, 2019, Vol 34, Issue 4, p925
- ISSN
1086-3818
- Publication type
Article