SCOTUS Patent Scorecard Update

On June 22, 2018, the Supreme Court issued WesternGeco LLC v. ION Geophysical Corp.

WesternGeco holds that a patent owner can recover lost foreign profits arising out of infringement under 35 U.S.C. § 271(f)(2). As such, WesternGeco is pro-patent.

In the past 13 years, the Supreme Court has issued 35 patent decisions. The tally: 20 decisions are not pro-patent; 8 decisions are pro-patent; and 7 decisions are patent neutral. WesternGeco is the only pro-patent decision among the Supreme Court’s last 6 patent decisions.