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In Law360, IP Litigator Addresses U.S. Supreme Court Case on Overseas Patent Infringement Damages

Practices: Intellectual Property, Intellectual Property Litigation, Patent Litigation

Capital Insights.

Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C.) was quoted in a Law360 Jan. 16 article addressing issues raised before the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., a case in which the Court recently granted certiorari and will hear in late April.

The Court’s decision could ultimately expand the amount of damages potentially available in patent cases, as it is likely to address whether patent owners should be able to recover profits lost outside the U.S. due to patent infringement.

Mr. Rizzolo explains that the decision could increase the damages at risk in any given case, particularly in situations where a product is made in the U.S. and sold worldwide. He notes that the case presents a question important to both patent holders and a wide variety of companies that do business globally, and may even have implications for other areas of the law where extraterritorial remedies are sometimes sought.

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