On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United States District Court for the Eastern District of Texas in Packet Intelligence, LLC v. NetScout Systems, Inc. The CAFC affirmed the district court’s judgments on the issues of infringement, invalidity, and willfulness, but reversed with respect to pre-suit damages. Judge Reyna wrote separately, dissenting on the issue of patent eligibility under Section 101.
Litigation
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
- Disruptive Startups Cannot Survive in a Post-AIA Patent Landscape
Recent Posts
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- Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter
- Answering the Question, ‘What is the Conservative View of Patent Rights?’
- USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration