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The PTAB recently declined to apply Section 325 and instituted inter partes review after a patent owner unsuccessfully argued that the petition relied on substantially the same prior art as that.
Calculating patent damages is "not an exact science." This is especially true when addressing principles of apportionment. The principle of apportionment seeks to ensure that the patent.
In patent litigation, the adequacy of proof of apportionment in reasonable royalty damage claims is often a challenging issue that is hotly contested by the parties. The Federal Circuit.