By Bryan K. Wheelock, Principal
In WesternGeco L.L.C., v. Ion Geophysical Corporation, [2013-1527, 2014-1121, 2014-1526, 2014-1528] (January 11, 2019), the Federal Circuit, on remand from the Supreme Court, remanded to the district court.
The Supreme Court held that WesternGeco’s damages award for lost profits was a permissible domestic application of 35 U.S.C. § 284,” reversing the Federal Circuit.
But the Supreme Court did not decide other challenges to the lost profits award. In light of the Supreme Court’s decision and the intervening invalidation of four of the five asserted patent claims that could support the lost profits award, the Federal Circuit remanded the case to the district court.