June 2018 Decision limited to infringing components manufactured in the U.S. and shipped abroad
  • Damages adequate to compensate for infringement include lost foreign profits when the underlying infringement is for supplying components of a patented invention in or from the United States.
  • The Supreme Court determined that its decision did not violate the presumption against extraterritoriality because the case involves permissible domestic application of the damages statute.
  • According to the Supreme Court, the type of infringement that occurred will determine the focus of the damages statute, requiring a case-by-case analysis in the future.
NEWSLETTER ARCHIVE
Volume 49, Issue 4
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