District court extends patent damages to include foreign lost profits in direct infringement cases

On 4 October 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for direct patent infringement under 35 U.S.C. § 271(a).

The order extends the U.S. Supreme Court's June 2018 holding in WesternGeco LLC v. ION Geophysical Corp. (WesternGeco II) that foreign lost profits are recoverable in indirect patent infringement cases under 35 U.S.C. § 271(f)(2) where a defendant exports a component of a patented invention, and intends that component be combined outside the United States in a way that would infringe the patent if the combination occurred inside the United States.

Read More: District court extends patent damages to include foreign lost profits in direct infringement cases


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