Implicit Overruling And Foreign Lost Profits

24 Pages Posted: 25 Jul 2019

Date Written: July 22, 2019

Abstract

How does one know when the Supreme Court has implicitly overruled a circuit panel precedent? Despite the fact that circuit courts are faced with this question on a regular basis, the answer is not clear. The Power Integrations case currently pending before the Federal Circuit provides an interesting case study in implicit overruling, as well as an opportunity for the court to clarify how extraterritoriality relates to proximate causation in the law of patent damages, in light of the Supreme Court's recent opinion in WesternGeco.

Suggested Citation

Michaels, Andrew C., Implicit Overruling And Foreign Lost Profits (July 22, 2019). 25 Boston University Journal of Science and Technology Law 101 (2019). Available at SSRN: https://ssrn.com/abstract=3425402

Andrew C. Michaels (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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