Legal Opinion · Dissent
Westerngeco L.L.C. v. Ion Geophysical Corp.
Court of Appeals for the Federal Circuit
Decided July 2, 2015No. 2013-1527, 2014-1121, 2014-1526, 2014-1528Published
1DissentWallach, Circuit Judge
I agree with the majority’s holdings with respect to standing, infringement, and willfulness. However, in an effort to respect the presumption against the extraterritorial application of United States law, the majority erroneously declines to consider WesternGeco L.L.C.’s (“WesternGeco”) lost foreign sales when determining damages for infringement under 35 U.S.C. § 271(f) (2012). Because, under this court’s precedents and those of the United States Supreme Court, the patent statute requires consideration of such sales as part of the damages calculation, I respectfully dissent.
*1355It is beyond…
2Cases cited37 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Equal Employment Opportunity Commission v. Arabian American Oil Co.Supreme Court of the United States · 1991
- General Motors Corp. v. Devex Corp.Supreme Court of the United States · 1983
- Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995
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