The Northern District of California, in Corning Optical Commc’ns Wireless LTD. v. SOLiD, Inc., et al., Case No. 5:14-cv-03750 (Judge Paul S. Grewal) (September 28, 2015), denied plaintiff’s motion for reconsideration of the Court’s order granting summary judgment in favor of defendants that “there is no genuine dispute that Section 287(a) applies to Corning’s claims” because Corning imported patented articles into the US. (slip op. at 2). The Court also found the location of the sales of the patented products was the US under Section 271(a).
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.