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WesternGeco May Reshape Reasonable Royalty Damages

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In WesternGeco v. Ion Geophysical,[1] the U.S. Supreme Court held that the patent owner could recover lost profits damages under § 284 based on foreign activities arising from infringement under § 271(f)(2). The court’s holding focuses on lost profits damages and § 271(f)(2) infringement. The analysis, however, does not depend specifically on either of these. Instead, the analysis suggests more generally that a patent owner can recover damages of any form under § 284 based on foreign activities arising from infringement of any form under § 271.

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