The U.S. Supreme Court has rarely addressed the issue of patent damages, but a case currently before the court has the potential to create significant changes in this area of the law.

The issue of contention pertains to patent damages on an international scale. When a U.S. patent is infringed, it is because the act of infringement occurred … well … in the United States. Awarding damages in the United States—for a U.S. patent infringed in the United States—is obvious. But what about foreign damages that result from infringement of a U.S. patent in the United States? If the infringement occurs in the United States, then should the infringer also be responsible for the U.S. patent holder’s overseas lost profits?