Alerts4.19.24

Crossing the Border: Federal Circuit Confirms Patent Owner’s Ability to Recover a Reasonable Royalty Based on Foreign Activity

Crossing the Border: Federal Circuit Confirms Patent Owner’s Ability to Recover a Reasonable Royalty Based on Foreign Activity

Patent owners may seek reasonable royalty damages based on foreign activity in connection with domestic acts of infringement

On March 27, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Brumfield, Trustee for Ascent Trust v. IBG LLC,(1) clarifying the scope of potentially available damages based on foreign conduct in patent cases. Specifically, the court held that if a causal relationship between a domestic act of infringement and the foreign conduct is established, a patent owner can obtain reasonable royalty damages based on that foreign activity.

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