Joseph P. Reid Partner

Calculating damages for patent infringement can be a complicated process for courts to determine, as the determination of damages often reflects many factors, including the value of the patented and infringed technology, as well as the contributions of unpatented or conventional technologies.

Gene Lee, Joseph Reid and Caroline A. Teichner authored the article “Intellectual Property Trouble on the ‘High Seas’” published in the New York Law Journal. The article discussed the arguments before the U.S. Supreme Court in 'WesternGeco v. ION Geophysical', a case regarding the extraterritorial reach of U.S. patent law and whether a patentee can recover lost profits when a system, found to infringe domestically under §271(f) of the Patent Act, is used outside the United States.

A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-eligibility challenges.