In an article entitled “Agilent Backs Request for High Court to take $52M IP Battle,” Law360 reported that Carter Ledyard client Agilent Technologies filed an Amicus brief in support of U.S. Supreme Court review of a Federal Circuit decision that makes U.S.-based manufacturers a target for outsized patent infringement allegations, by exposing them to claims for damages based on the full selling price worldwide of products manufactured outside the U.S. that contain standard U.S.-manufactured components.
As explained in Agilent’s brief, “It is essential for U.S. manufacturers with global operations to have the ability to manufacture components in the U.S. without facing disproportionate liability or undue legal complexity or uncertainty … The decision of the U.S. Court of Appeals for the Federal Circuit increases the potential for and scope of patent infringement liability in a way inconsistent with the statutory language and which was not, and could not have been, contemplated by Congress.”
Carter Ledyard partner John M. Griem, Jr. is counsel of record for Agilent and counsel Judith Wallace assisted on the brief.