Fitzpatrick Case Update
December 10, 2015
In Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc., Slip Op. 2015-1066 (Fed. Cir. Dec. 3, 2015), a Federal Circuit panel rejected the argument of the accused infringer, Cisco, that the smallest saleable patent practicing unit (“SSPPU”) must be the starting point in a damages analysis, but vacated the damages award against Cisco due to the district court’s failure to consider the standard-essential nature of the patent-in-suit in light of the Court’s 2014 decision in Ericsson v. D-Link, and its failure to give weight to a prior agreement between the parties.