Although patent rights confer substantial market control within their territorial scope, globalization is increasingly … threatening the value of patent protection. Under the current regime, innovators who enter the global marketplace must obtain … patent protection in each jurisdiction where they hope to market their product, and they must litigate infringement claims …

inside the United States. But there is confusion regarding whether the presumption applies when a court calculates patent … damages. In WesternGeco L.L.C. v. Ion Geophysical Corp., the Federal Circuit held that patent holders who show infringement … under § 271(f) of the Patent Act cannot recover foreign lost profits. The court maintained that allowing recovery of such …

This study investigates the different effects of the 1982 reform of the U.S. patent judiciary systems on patent scope … in foreign and American firms. We first develop a model of patent scope decision-making under litigation uncertainty. We … hypothesize that although the 1982 patent reform increased the scope of patents on average, it unfavorably affected the patent …