[20180720]LSB10173_在某些侵权案件中专利权人可能会要求外国赔偿.pdf

CRS INSIGHT Prepared for Members and Committees of Congress LegalLegal SidebarSidebar Patent Owners May Recover Foreign-Based Damages in Certain Infringement Cases Updated July 20, 2018 In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners prevailing in infringement suits involving unauthorized foreign uses of their patented inventions may be entitled to damages based on lost foreign profits. This decision opens the possibility that infringers may be required to pay increased damages in patent cases involving international supply chains. Moreover, the decision could prompt foreign courts to adopt a similar approach in determining the extraterritorial force of their patent laws. However, it remains to be seen whether the Courts holding is limited to damages associated with the type of infringement in this case (arising under 271(f)(2) of the Patent Act, which prohibits the unauthorized exportation of a patented inventions components with the intent that the parts be assembled abroad), or whether the reasoning of the opinion could potentially be applied in calculating damages flowing from other types of patent infringement. This Sidebar discusses