On June 22, 2018, the U.S. Supreme Court in WesternGeco LLC v. ION Geophysical Corp. ruled that a patent owner can recover lost foreign profits under certain circumstances.1
WesternGeco may substantially expand the scope of potential damages for patent infringement under 35 U.S.C. § 271(f)(2) when an infringer ships U.S.-made components of an invention for assembly abroad. WesternGeco is viewed as a win for patent owners who prove Section 271(f)(2) infringement. It remains to be seen whether courts will interpret WesternGeco as a signal that the scope of damages permitted for other types of patent infringement should be more expansive.
