Longstanding Dispute Over Patent Damages Certified For Interlocutory Appeal

Mealey's (October 5, 2018, 10:04 AM EDT) -- WILMINGTON, Del. — In an Oct. 4 order, a Delaware federal judge found that the U.S. Supreme Court’s holding in WesternGeco LLC v. ION Geophysical Corp., 138 S. Ct. 2129 (2018), (WesternGeco II) implicitly overruled a 2013 Federal Circuit U.S. Court of Appeals decision that damages based on worldwide sales are unavailable in an infringement action, but certified the matter for interlocutory appeal because the Federal Circuit “could well disagree with this Court’s assessment” (Power Integrations v. Fairchild Semiconductor Int’l Inc., No. 04-1371, D. Del., 2018 U.S. Dist. LEXIS 171699)....