There Is More Than One Way To Slice The Apportionment Analysis

Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc.

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent's standards essential status on apportionment and the relevance of prior licenses between the parties, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a damages award, explaining that the smallest salable unit is not mandatory for every apportionment analysis, especially when there are relevant prior licenses between the parties. Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc., Case No. 15-1066 (Fed. Cir., Dec. 3, 2015) (Prost, C.J.).