WesternGeco LLC v. ION Geophysical Corp.
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1011 | Apr 16, 2018 | TBD | 7-2 | TBD | OT 2017 |
Holding: The focus of the Patent Act"s general damages provision, 35 U. S. C. "284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco"s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
Judgment: Reversed and remanded on . Justice Gorsuch filed a dissenting opinion, in which Justice Breyer joined.
SCOTUSblog Coverage
- A "view" from the courtroom: "Some good and hard thinking on all sides" (Mark Walsh, June 22, 2018)
- Opinion analysis: Justices approve broad damage recovery for patent-infringing exports (Ronald Mann, June 22, 2018)
- Argument analysis: Breyer and Kagan seek middle ground on damages for patent infringing exports (Ronald Mann, April 17, 2018)
- Argument preview: Justices to grapple again with patent infringement overseas (Ronald Mann, April 9, 2018)
- Court bulks up this terms docket (UPDATED) (Amy Howe, January 12, 2018)
- Court grants one new case (with no cakes, guns or cell phones involved) (Amy Howe, May 30, 2017)
- Petition of the day (Kate Howard, May 17, 2017)
| Date | Proceedings and Orders |
|---|---|
| 12/08/2016 | Application (16A576) to extend the time to file a petition for a writ of certiorari from December 20, 2016 to February 17, 2017, submitted to The Chief Justice. |
| 12/13/2016 | Application (16A576) granted by The Chief Justice extending the time to file until February 17, 2017. |
| 02/17/2017 | Petition for a writ of certiorari filed. (Response due March 20, 2017) |
| 03/08/2017 | Order extending time to file response to petition to and including April 19, 2017. |
| 04/19/2017 | Brief of respondent ION Geophysical Corporation in opposition filed. |
| 05/08/2017 | Reply of petitioner WesternGeco LLC filed. |
| 05/09/2017 | DISTRIBUTED for Conference of May 25, 2017. |
| 05/30/2017 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition. |
| 12/06/2017 | Brief amicus curiae of United States filed. |
| 12/20/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 12/20/2017 | Supplemental brief of respondent ION Geophysical Corp. filed. (Distributed) |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/12/2018 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
| 01/25/2018 | Letter of amendment to corporate disclosure statement from respondent ION Geophysical Corp. filed. (Distributed) |
| 02/01/2018 | Blanket Consent filed by Respondent, ION Geophysical Corporation. |
| 02/02/2018 | Blanket Consent filed by Petitioner, WesternGeco LLC. |
| 02/23/2018 | SET FOR ARGUMENT on Monday, April 16, 2018. |
| 02/23/2018 | Brief of petitioner WesternGeco LLC filed. |
| 02/23/2018 | Joint appendix filed. |
| 02/27/2018 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| 03/01/2018 | Brief amicus curiae of Law Professor Stephen Yelderman filed. (Distributed) |
| 03/02/2018 | Brief amicus curiae of Power Integrations, Inc. filed. |
| 03/02/2018 | Brief amici curiae of Intellectual Property Law Scholars in support of neither party filed. (Distributed) |
| 03/02/2018 | Brief amicus curiae of United States filed. |
| 03/02/2018 | Brief amicus curiae of Intellectual Property Law Association of Chicago filed. (Distributed) |
| 03/02/2018 | Brief amicus curiae of Houston Intellectual Property Law Association in Support of Neither Party filed. (Distributed) |
| 03/05/2018 | Brief amicus curiae of Intellectual Property Owners Association filed in Support of Neither Party. (Distributed) |
| 03/05/2018 | Brief amicus curiae of American Intellectual Property Law Association filed in Support of Neither Party. (Distributed) |
| 03/07/2018 | CIRCULATED |
| 03/09/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/26/2018 | Brief of respondent ION Geophysical Corporation filed. (Distributed) |
| 03/28/2018 | Justice Alito is no longer recused in this case. |
| 03/30/2018 | Record requested from U.S.C.A. Federal Circuit. |
| 04/02/2018 | Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed. (Distributed) |
| 04/02/2018 | Brief amici curiae of Fairchild Semiconductor International, Inc., The Internet Association, SAS Institute Inc., Symmetry, LLC, and Xilinx, Inc. filed. (Distributed) |
| 04/06/2018 | Record received from the U.S.D.C. Southern District of Texas Brownsville Division is electronic and can be accessed through the electronic case filing system for the Southern District of Texas. Sealed documents was sent to this Court, the record is electronic. |
| 04/06/2018 | Record from the U.S.C.A. Federal Circuit is electronic and located on PACER, with the exception of 1 Box of Confidential material. |
| 04/09/2018 | Reply of petitioner WesternGeco LLC filed. (Distributed) |
| 04/13/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/16/2018 | Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C. |
| 06/22/2018 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, J., joined. |
| 07/24/2018 | JUDGMENT ISSUED. |
| 08/21/2018 | Record for the U.S.C.A. Federal Circuit has been returned. |