Westerngeco LLC v. Ion Geophysical Corp.
U.S. Supreme Court · decided June 22, 2018 · Supreme Court Database (Spaeth)
- Decided
- June 22, 2018
- Term
- October Term 2017
- Vote
- 7–2
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice THOMAS delivered the opinion of the Court. Under the Patent Act, a company can be liable for patent infringement if it ships components of a patented invention overseas to be assembled there. See 35 U.S.C. § 271(f)(2). A patent owner who proves infringement under this provision is entitled to recover damages. § 284. The question in this case is whether these statutes allow the patent owner to recover for lost foreign profits. We hold that they do. I The Patent Act gives patent owners a "civil action for infringement." § 281. Section 271 outlines several types of infringement. The general infringement provision, § 271(a), covers most infringements that occur "within the United States." The subsection at issue in this case, § 271(f), "expands the definition of infringement to include supplying from the United States a patented invention's components." Microsoft Corp. v. AT & T Corp., 550 U.S. 437, 444-445, 127 S.Ct. 1746, 167 L.Ed.2d 737 (2007). It contains two provisions that "work in tandem" by addressing "different scenarios." Life Technologies Corp. v. Promega Corp., 580 U.S. ----, ----, 137 S.Ct. 734, 742, 197 L.Ed.2d 33 (2017). Section 271(f)(1) addresses the act of exporting a substantial portion of an invention's components: "Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of…
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