Commercial success rebuttal testimony for Inter Partes Review at the PTAB

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A CRA consultant provided an expert declaration and testimony regarding the commercial success of patents related to fluoropolymers used for the insulation of data transmission cables. Based on a detailed analysis of the underlying financial and marketing documents produced by the patent owner, the CRA team determined that the patent owner’s commercial success expert omitted costs in assessing the commercial success of the patented products and failed to establish a quantitative or qualitative nexus to the asserted patents. The PTAB concurred with CRA’s conclusion that patent owner failed to establish commercial success of the asserted patents.

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