The extent of the problem addressed by this Note's proposal may depend on how the United States domestic courts interpret and apply the WesternGeco decision in the future, and the extent to which other nations may feel compelled to respond and provide greater protections for their own patent owners by allowing them to collect foreign based damages. In order to fix the potential problems raised by WesternGeco, this proposal provides an alternative to a judicially crafted outcome. It incorporates nations' political branches into discussions on how international patent infringement disputes should be best resolved in our increasingly global and interconnected marketplace, where harmonization of patent policies has been the growing trend over the years.Additionally, existing regional arrangements such as the UPC, in conjunction with the world-wide contributions undertaken by the ILA, illustrate how the structure of a new international patent court specially adapted to resolve trans-national patent infringement suits may find success in the future.
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