Although Section 256 corrections of inventorship are generally retroactive, a party can forfeit the ability to rely on such corrections by failing to pursue them with reasonable diligence during ongoing proceedings.
There is no per se rule that a reasonable royalty based on unaccused products is unreliable. Whether such a royalty is permissible depends on the case‑specific facts, including whether a causal connection exists between the proposed royalty base and the accused products.