Additional Guidance from the CAFC on Territorial Restrictions and the Overall Reasonableness of Damage Claims

By Michael K. Milani, managing director of Ocean Tomo and Eric Carnick, director of Ocean Tomo

When making a claim for damages, a patent holder may only claim damages based on actions that fall within the reach of United States patent law, and must, therefore, take care when developing damage opinions, which account for the economic consequences of infringing activities that extend beyond the United States. Patent holders must also take steps to ensure claims for reasonable royalty damages are in fact reasonable, in light of the facts and circumstances specific to the alleged infringement. Recently, in WesternGeco v. Ion Geophysical, the Federal Circuit provided new insight into each of those issues.


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