In June of this year, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophysical Corp. On its face, the case had minimal potential impact because it was limited to a more rarified form of infringement. Now, however, the District Court in the long-running dispute between Power Integrations and Fairchild Semiconductor has suggested WesternGeco could justify taxing foreign sales for other forms of infringement of a United States patent. And the Court has also kicked this question up to the Federal Circuit to decide. Will damages for infringing a U.S. patent soon reach foreign sales?
Read MoreAmgen’s ($AMGN) patent fight against Regeneron ($REGN) and Sanofi has been quiet for much of this year. But it is likely to heat up again shortly. What is coming up?
Read MoreEvery year, it seems, the Federal Circuit issues a precedential decision on damages, which seems to make the whole process more difficult. The latest of these decisions comes in the long-running patent battle between Power Integrations and Fairchild. In its latest opinion, the Court addresses the entire-market-value rule. The Court essentially guts the rule, and leaves open the question whether there is an reasonable scenario where it will ever be applicable.
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