WesternGeco LLC v. ION Geophysical Corp.


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.”


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

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 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
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.
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
March 7, 2018
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 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 13, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
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
August 21, 2018
Record for the U.S.C.A. Federal Circuit has been returned.