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WesternGeco LLC v. ION Geophysical Corp.

 
DOCKET NO.
16-1011
OP. BELOW
Fed. Cir.
OPINION
June 22, 2018
SUBJECT
Patent
AUTHOR
Thomas

Question(s) Presented

“Under the Patent Act, a company can be liable for patent infringement if it ships components of a patented invention overseas to be assembled there. See 35 U.S.C. § 271(f)(2). A patent owner who proves infringement under this provision is entitled to recover damages. § 284. The question in this case is whether these statutes allow the patent owner to recover for lost foreign profits.”

Holding

“We hold that they do. . . . We hold that WesternGeco’s damages award for lost profits was a permissible domestic application of § 284.”

Posts About this Case

Date
Proceedings and Orders
December 8, 2016
Application (16A576) to extend the time to file a petition for a writ of certiorari from December 20, 2016 to February 17, 2017, submitted to The Chief Justice.
December 13, 2016
Application (16A576) granted by The Chief Justice extending the time to file until February 17, 2017.
February 17, 2017
Petition for a writ of certiorari filed. (Response due March 20, 2017)
March 8, 2017
Order extending time to file response to petition to and including April 19, 2017.
April 19, 2017
Brief of respondent ION Geophysical Corporation in opposition filed.
May 8, 2017
Reply of petitioner WesternGeco LLC filed.
May 9, 2017
DISTRIBUTED for Conference of May 25, 2017.
May 30, 2017
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition.
December 6, 2017
Brief amicus curiae of United States filed.
December 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
December 20, 2017
Supplemental brief of respondent ION Geophysical Corp. filed. (Distributed)
January 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
January 12, 2018
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
January 25, 2018
Letter of amendment to corporate disclosure statement from respondent ION Geophysical Corp. filed. (Distributed)
February 1, 2018
Blanket Consent filed by Respondent, ION Geophysical Corporation.
February 2, 2018
Blanket Consent filed by Petitioner, WesternGeco LLC.
February 23, 2018
SET FOR ARGUMENT on Monday, April 16, 2018.
February 23, 2018
Brief of petitioner WesternGeco LLC filed.
February 23, 2018
Joint appendix filed.
February 27, 2018
Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
March 1, 2018
Brief amicus curiae of Law Professor Stephen Yelderman filed. (Distributed)
March 2, 2018
Brief amicus curiae of Power Integrations, Inc. filed.
March 2, 2018
Brief amici curiae of Intellectual Property Law Scholars in support of neither party filed. (Distributed)
March 2, 2018
Brief amicus curiae of United States filed.
March 2, 2018
Brief amicus curiae of Intellectual Property Law Association of Chicago filed. (Distributed)
March 2, 2018
Brief amicus curiae of Houston Intellectual Property Law Association in Support of Neither Party filed. (Distributed)
March 5, 2018
Brief amicus curiae of Intellectual Property Owners Association filed in Support of Neither Party. (Distributed)
March 5, 2018
Brief amicus curiae of American Intellectual Property Law Association filed in Support of Neither Party. (Distributed)
March 7, 2018
CIRCULATED
March 9, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
March 26, 2018
Brief of respondent ION Geophysical Corporation filed. (Distributed)
March 28, 2018
Justice Alito is no longer recused in this case.
March 30, 2018
Record requested from U.S.C.A. Federal Circuit.
April 2, 2018
Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed. (Distributed)
April 2, 2018
Brief amici curiae of Fairchild Semiconductor International, Inc., The Internet Association, SAS Institute Inc., Symmetry, LLC, and Xilinx, Inc. filed. (Distributed)
April 6, 2018
Record received from the U.S.D.C. Southern District of Texas Brownsville Division is electronic and can be accessed through the electronic case filing system for the Southern District of Texas. Sealed documents was sent to this Court, the record is electronic.
April 6, 2018
Record from the U.S.C.A. Federal Circuit is electronic and located on PACER, with the exception of 1 Box of Confidential material.
April 9, 2018
Reply of petitioner WesternGeco LLC filed. (Distributed)
April 13, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
April 16, 2018
Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C.
June 22, 2018
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, J., joined.
July 24, 2018
JUDGMENT ISSUED.
August 21, 2018
Record for the U.S.C.A. Federal Circuit has been returned.