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Will damages for infringing a U.S. patent soon reach foreign sales?
In June of this year, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophysical Corp. On its face, the case had minimal potential impact because it was limited to a more rarified form of infringement. Now, however, the District Court in the long-running dispute between Power Integrations and Fairchild Semiconductor has suggested WesternGeco could justify taxing foreign sales for other forms of infringement of a United States patent. And the Court has also kicked this question up to the Federal Circuit to decide. Will damages for infringing a U.S. patent soon reach foreign sales?
What is the status of the PCSK9 patent case (updated)?
Amgen’s ($AMGN) patent fight against Regeneron ($REGN) and Sanofi has been quiet for much of this year. But it is likely to heat up again shortly. What is coming up?
Has the entire-market-value rule survived the CAFC’s decision in Power Integrations v. Fairchild?
Every year, it seems, the Federal Circuit issues a precedential decision on damages, which seems to make the whole process more difficult. The latest of these decisions comes in the long-running patent battle between Power Integrations and Fairchild. In its latest opinion, the Court addresses the entire-market-value rule. The Court essentially guts the rule, and leaves open the question whether there is an reasonable scenario where it will ever be applicable.