On January 12, 2018, the U.S. Supreme Court (“Supreme Court”) granted certiorari in WesternGeco LLC v. ION Geophysical Corporation, to determine “[w]hether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven 35 U.S.C. § 271(f).”

On March 21, 2017, the United States Supreme Court (“Supreme Court”) issued its opinion in SCA Hygiene Prods. V. First Quality Baby Prods., holding that laches, an equitable defense to infringement damages based upon unreasonable delay in commencing suit, cannot be a defense against infringement damages where the infringement occurred within the six year period established in 35 U.S.C. §286.

On February 22, 2017, the United States Supreme Court (“Supreme Court”) issued its opinion in Life Tech. v. Promega, holding that the export of a single component of a patented article does not give rise to infringement liability under 35 U.S.C. § 271 (f)(1).

On September 29, 2016, the Supreme Court of the United States (“Supreme Court”) granted certiorari in Lee v. Tam to consider whether the disparagement provision of the Lanham Act, 15 U.S.C. 1052(a), which says that no trademark shall be denied registration on account of its nature unless it “consists of ... matter which may disparage... persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute” is facially invalid under the Free Speech Clause of the First Amendment.