Fed. Circ. Defines Foreign IP Damages, Raises New Questions - McDermott Will & Emery

Fed. Circ. Defines Foreign IP Damages, Raises New Questions

Overview


In the case of Harris Brumfield v. IBG LLC, the US Court of Appeals for the Federal Circuit recently addressed the US Supreme Court’s 2018 ruling in WesternGeco LLC v. ION Geophysical Corp. and confirmed that patent owners can recover reasonable royalty damages based on activities outside the US.

Amol Parikh and Ian Howard explain how with its ruling, the Federal Circuit has opened an additional avenue of damages for foreign activities resulting from certain types of domestic activities.