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.