Monday, April 16, 2018

WesternGeco Oral Argument Transcript

is now available, here.  After I read it, I may return with some comments.

Update:  Having now read through the transcript, I predict a 9-0 reversal.  The rule will be that the patentee, whatever the theory of liability (271(a), 271(f)) and regardless of whether the requested award is lost profits or a reasonable royalty, is entitled to compensatory damages that are caused-in-fact and proximately caused by the domestic act of infringement--with (as suggested by Justice Breyer at p.44) comity concerns possibly factoring into the proximate cause analysis in an appropriate case.  

There were a couple of favor references to Professor Yelderman's amicus brief, which as I noted here helped me finally articulate my own view in this case.

Further Update:  For further discussion, see Ronald Mann's writeup on the Scotus Blog and Dennis Crouch's on Patently-O.  They both agree that the Court will reverse and embrace the proximate cause concept, though Professor Mann thinks there will be "a fair amount of back and forth among the justices before they come to rest on this one."

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