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Posts tagged Power Integrations
Will damages for infringing a U.S. patent soon reach foreign sales?

In June of this year, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophysical Corp.  On its face, the case had minimal potential impact because it was limited to a more rarified form of infringement.  Now, however, the District Court in the long-running dispute between Power Integrations and Fairchild Semiconductor has suggested WesternGeco could justify taxing foreign sales for other forms of infringement of a United States patent.  And the Court has also kicked this question up to the Federal Circuit to decide.  Will damages for infringing a U.S. patent soon reach foreign sales? 

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Has the entire-market-value rule survived the CAFC’s decision in Power Integrations v. Fairchild?

Every year, it seems, the Federal Circuit issues a precedential decision on damages, which seems to make the whole process more difficult.  The latest of these decisions comes in the long-running patent battle between Power Integrations and Fairchild.  In its latest opinion, the Court addresses the entire-market-value rule.  The Court essentially guts the rule, and leaves open the question whether there is an reasonable scenario where it will ever be applicable.

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