Writing for IPWatchdog, Ron Cahill Analyzes Judge Stark’s Ruling on Patent DamagesPrint PDF
Ron Cahill, a partner and co-chair of Nutter’s Intellectual Property Department, authored an article that evaluated Judge Stark’s recent ruling that broadly applies the U.S. Supreme Court decision in WesternGeco to increase patent damages from foreign sales resulting from direct infringement in IPWatchdog. In the article, “Broad Application of WesternGeco Leads to Increased Patent Damages in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.,” Ron discusses how Judge Stark’s ruling in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. will change the balance of risk for companies that manufacture or assemble products in the U.S. He concludes that although the Federal Circuit will have the final say, the Supreme Court’s logic does apply more broadly to infringement beyond the circumstances of the WesternGeco case. According to Ron, the Federal Circuit has been seen as limiting damages for patent infringement in recent years, but this new law cuts the other way, raising the stakes in patent cases by increasing the potential of foreign sales to incur higher damages.