Bonum Certa Men Certa

The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

Does not quite fit the bogus narrative, touted by the patent extremists, who accuse the court of being "anti-patent"

WesternGeco LLC v. ION Geophysical Corp.



Summary: WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn't inherently biased against patents in general

WHILE we're generally not particularly interested in the outcome of the WesternGeco case (WesternGeco v Ion), it's still useful to observe because it can shed light on the Justices' views on patents. We're mostly interested in cases that pertain to patent scope (this directly affects USPTO guidelines), not so-called 'damages'.



"The only upside we see here is that it weakens or shatters any illusions about SCOTUS being biased or lacking credibility."We first saw Jason Rantanen's fast response to it. Watchtroll wrote a couple of 'articles' about this outcome, amplifying himself and the other patent extremists (i.e. the usual recipe).

The EFF's Daniel Nazer called it a "disappointing opinion," as the court ended up ruling for patent maximalism, for a change.

To quote:

The Supreme Court issued a disappointing opinion [PDF] today holding that a company could recover patent damages for lost profits overseas. The court’s reasoning could make overseas damages available in many patent cases. This will disadvantage companies that do research and development in the United States. When patent law discourages domestic innovation, it achieves the opposite of its intended purpose.

The case, called WesternGeco LLC v. ION Geophysical Corp., involved a patent on a method of conducting marine seismic surveys. ION exported components that, when combined, were used to infringe the patent overseas. Under Section 271(f) of the Patent Act, exporting components of a patented invention for assembly abroad is considered infringement. WesternGeco received damages for the U.S. sales of the components. The court considered whether WesternGeco could also receive damages for lost profits for the use of the invention overseas.


Andrew Chung at Reuters covered it as follows:

The U.S. Supreme Court ruled on Friday that companies can recover profits lost because of the unauthorized use of their patented technology abroad in a victory for Schlumberger NV, the world’s largest oilfield services provider.

[...]

Internet-based companies and others had expressed concern that extending patent damages beyond national borders would expose U.S. high-technology firms to greater patent-related risks abroad.


The only upside we see here is that it weakens or shatters any illusions about SCOTUS being biased or lacking credibility. Sites like Watchtroll will no doubt continue to smear Justices whenever they narrow patent scope. Later this weekend we'll say a lot more about the number of US patents exceeding 10 million and Alice turning four.

Recent Techrights' Posts

Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025