|Full Name||WesternGeco LLC v. ION Geophysical Corporation|
|Short Name||WesternGeco LLC v. ION Geophysical Corporation|
|Respondent||ION Geophysical Corporation|
|Date Argued (Reargued)||April 16, 2018|
|Date Decided||June 22, 2018|
Under 35 U.S.C. § 271(f), it is an act of patent infringement to supply "components of a patented invention," "from the United States," knowing or intending that the components be combined "outside of the United States," in a manner that "would infringe the patent if such combination occurred within the United States." Under 35 U.S.C. § 284, patent owners who prevail in litigation are entitled to "damages adequate to compensate for the infringement.” In this case, despite affirming that Respondent was liable for infringement under§ 271 (f), the majority of a divided panel of the court of appeals held that Petitioner was not entitled to lost profits caused by the proscribed combination. The court of appeals reasoned that even when Congress has overridden the presumption against extraterritorial application of the law in creating liability, the presumption must be applied a second time to restrict damages. The question presented is: Whether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven under 35 U.S.C.§ 271(f). JUSTICE ALITO TOOK NO PART.