No. 20-1289

NetScout Systems, Inc., et al. v. Packet Intelligence LLC

Lower Court: Federal Circuit
Docketed: 2021-03-17
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 35-usc-101 enhanced-damages good-faith-defenses patent-eligibility patent-infringement section-101 technological-subject-matter treble-damages willful-infringement
Latest Conference: 2021-04-16
Question Presented (from Petition)

Whether a finding of willful infringement justifying treble damages may be based solely on the defendant's conduct following the filing of the suit.

If the defendant's post-filing conduct can provide a basis for willful infringement, whether such a finding is adequately supported by evidence that (1) high-level executives did not read the asserted patents in detail but instead relied upon conversations with counsel to confirm good-faith and reasonable defenses; and (2) the defendant continued to sell the accused products while suit was pending, in reliance on its good-faith defenses.

Whether a purported solution to a technological problem is necessarily eligible for patent protection and cannot be directed to an abstract idea.

Question Presented (AI Summary)

Whether a finding of willful infringement justifying treble damages may be based solely on the defendant's conduct following the filing of the suit

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-22
Waiver of right of respondent Packet Intelligence LLC to respond filed.
2021-03-15
Petition for a writ of certiorari filed. (Response due April 16, 2021)

Attorneys

NetScout Systems, Inc., et al.
William Robert PetersonMorgan, Lewis & Bockius LLP, Petitioner
Packet Intelligence LLC
Robert P. GreenspoonFlachsbart & Greenspoon, LLC, Respondent