Bonum Certa Men Certa

SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

The Patent Trial and Appeal Board (PTAB) might get its role cemented by month's end

WesternGeco LLC v. ION Geophysical Corp.



Summary: Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism

TECHRIGHTS attempts to simplify things and strives to put US patent news in simple terms that anyone can understand. The USPTO and US courts -- just like law firms that try to impress/show off by confusing -- like using jargon, legalese and sometimes Latin words/phrases. It's like they encrypt everything to necessitate 'professional' legal advice while pushing away those outside the patent microcosm (excluding it from the debate).

The US Supreme Court (SCOTUS) is a bit different. When dealing with patent matters it uses more generic terms because it looks at the matters from a Constitutional perspective and Justices -- unlike patent judges -- aren't experts in these particular domains (which is a positive, not just a negative). Justices can look 'outside the box', so to speak, and sometimes their rulings can be expected based on what they say in oral proceedings. They very often overturn the CAFC (Federal Circuit), which historically needed patent maximalism to justify its existence.

"It’s like they encrypt everything to necessitate ‘professional’ legal advice while pushing away those outside the patent microcosm (excluding it from the debate)."The other day I publicly exchanged some messages with Daniel Nazer‏ (EFF) regarding Oil States. It's a decision that everyone in the patent world is waiting for and it has been almost exactly a year since TC Heartland. Nazer‏ told me that Oil States will be decided before summer after he had written about WesternGeco (not so relevant to us) as follows: "Thoughts on WesternGeco hearing today in S.Ct: 1) did not go well for respondent; 2) court likely to reverse Fed Cir; 3) ruling will open door to international damages in 271(a) cases (bad) but leave open possibility comity/proximate cause cuts chain of causation in those cases. [...] although EFF supported the respondent in this case, the petition for cert is one of the best I've seen. If you're looking for an example on how to get the Supreme Court to take your case, it's a good one."

As we noted the other day, oral proceedings took place and soon came media coverage from patent-centric news sites. WIPR wrote:

Today, the US Supreme Court will hear oral arguments in WesternGeco v Ion Geophysical, a case concerning lost patent profits occurring outside the US. WIPR outlines the key issues and what’s at stake.

[...]

Ron Cahill, chair of law firm Nutter McClennen & Fish’s IP litigation practice group, explained that the key issue is whether US patent damages are available even where the infringing device is made and sold outside the US.

WesternGeco, a subsidiary of global oilfield services company Schlumberger, has asked the Supreme Court to consider whether the US Court of Appeals for the Federal Circuit erred in finding that lost profits arising from prohibited combinations occurring outside the US are unavailable in cases where patent infringement is proven.


Dennis Crouch expects the CAFC's ruling to be overturned. In his own words:

In my view, the Supreme Court is quite likely to overturn the Federal Circuit’s limitation on lost profit damages and hold instead that Section 284 allows for full compensation for all forms of infringement. The key analogy that may well have won the day is that of the hypothetical French Tourist injured while visiting the US and left unable to work. Under ordinary U.S. tort law, the tourist would still be able to collect full damages even though the job-loss is in France. Likewise, according to petitioner and USGov’t, the US patent infringement act (export) should lend itself to full compensatory damages. That said, I expect for the Supreme Court’s opinion to place additional language on the meaning of proximate cause that may eventually force the Federal Circuit to tighten its doctrine in that area.


Here is another site of the patent microcosm commenting on it some hours ago:

In WesternGeco v Ion Geophysical, the Supreme Court seems prepared to overturn the Federal Circuit’s decision to limit lost profit damages abroad in the case of domestic infringement based on the presumption against extraterritoriality

The Supreme Court heard both WesternGeco’s and Ion’s arguments on April 16 in a case involving lost profit damages.


We can't stress strongly enough that this case has little or no impact on the subjects we're covering. Having said that, it's valuable in showing where SCOTUS (now with the enigma that is Justice Gorsuch) stands on patent matters. ⬆

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026