Supreme Court Backs Award of Overseas Patent Damages (reuters.com)
schwit1 quotes a report from Reuters: The U.S. Supreme Court ruled on Friday that companies can recover profits lost because of the unauthorized use of their patented technology abroad in a victory for Schlumberger NV, the world's largest oilfield services provider. The decision expands the ability of patent owners to recover foreign-based damages, increasing the threat posed by certain infringement lawsuits in the United States.
Internet-based companies and others had expressed concern that extending patent damages beyond national borders would expose U.S. high-technology firms to greater patent-related risks abroad. U.S. patent law generally applies only domestically, but Schlumberger said that since the law protects against infringement that occurs when components of a patented invention are supplied from the U.S. for assembly abroad, it should be fully compensated for the infringement, including any lost foreign sales. The high court agreed.
Internet-based companies and others had expressed concern that extending patent damages beyond national borders would expose U.S. high-technology firms to greater patent-related risks abroad. U.S. patent law generally applies only domestically, but Schlumberger said that since the law protects against infringement that occurs when components of a patented invention are supplied from the U.S. for assembly abroad, it should be fully compensated for the infringement, including any lost foreign sales. The high court agreed.
if you're a player on the global stage. Not so sure about us regular chaps though. I mean, I'm unlikely to ever have the resources to run an international lawsuit to enforce patent law but I could see getting sued by a mega corp who does. It'd be a great way to keep any upstart competitors from popping up. Let's not forget how Hollywood was founded.
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The article didn't provide a link to the SCOTUS opinion, so here it is. It is an interesting split. Thomas wrote for the majority and was joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagen. Gorsuch wrote the dissent, joined by Breyer.
If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?