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Brief Of Intellectual Property Law Scholars As Amici Curiae In Support Of Neither Party, Westerngeco Llc V. Ion Geophysical Corp., No. 16-1011, Us Supreme Court, Timothy R. Holbrook, Ann Bartow, Dan L. Burk, Donald P. Harris, David C. Hricik, Amy L. Landers, Yvette Joy Liebesman, Lee Ann W. Lockridge, Jason Rantanen

All Faculty Scholarship

This amici curiae brief was filed on behalf of Intellectual Property Law Scholars in WesternGeco LLC v. Ion Geophysical Corp. in the U.S. Supreme Court. The question presented is:

"Whether the U.S. Court of Appeals for the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. § 271(f)."

In RJR Nabisco, Inc. v. European Community, 136 S. Ct. 2090 (2016), the Supreme Court articulated a two-step method for assessing the extraterritorial reach of a US statute:

1. …

Territorialization Of The Internet Domain Name System, Marketa Trimble

Scholarly Works

A territorialization of the internet – the linking of the internet to physical geography – is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who – for various reasons – either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from …