NetScout Systems, Inc., et al. v. Packet Intelligence LLC
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.
Whether a finding of willful infringement justifying treble damages may be based solely on the defendant's conduct following the filing of the suit