Lost profits from overseas patents
WesternGeco v. ION Geophysical
In brief
The Court overturned the Federal Circuit's judgment and returned the case to that court; it did not specify a damages amount.
- Where it stands
- Decided
Decided 7-2 · June 22, 2018 · Opinion by Justice Thomas
- What it’s about
- WesternGeco sought lost-profit damages from ION for foreign sales it said it lost after ION supplied components of its patented technology from the United States for assembly abroad.
- Who it affects
- The case returns to the Federal Circuit, but the Supreme Court's action does not state a damages amount for WesternGeco.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Federal Circuit’s ruling that those damages were unavailable and sent the case back to the lower court (remanded).
The dispute asked whether a patent owner could seek profits from overseas sales connected to components supplied from the United States for assembly abroad.
Question presented
Whether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven under 35 U.S.C.§ 271(f).
What the Court decided
Holding
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.
- Result
- Reversed
The vote
What's next
The Federal Circuit will handle the case again.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.