According to an article by David Beckwith discussing Juicy Whip, Inc. v. Orange Bang, Inc., Case No. 03-1609 (Fed. Cir. Sept. 3, 2004), patent practitioners should "Always consider whether a lost profit claim can include the sale of non-patentable items used with any patented devices. In prosecuting patents on devices that utilize consumables, consider including claims which combine the device together with the consumables."