Patent Damages
9Jul/15Off

Federal Circuit reverses lost profits on overseas activities

Posted by Justin Barnes

On July 2, 2015, in WesternGeco L.L.C. v ION Geophysical Corp., Case 13-1527, the Federal Circuit reversed almost $100 million in lost profits due to the “infringing” activity being outside of the United States and therefore not an infringement at all.  Specifically, the defendant ION exported components that were combined by ION’s customers into a larger system, overseas, for performing marine geophysical surveys for the Oil & Gas industry.  The plaintiff, WesternGeco, argued that it lost profits from 10 lost surveys that utilized these systems.  The “lost surveys” all occurred outside of the United States.