“Whether an accused infringer’s ‘initial burden of production’ under Arctic Cat requires production of evidence that an allegedly unmarked article practices the invention, or is satisfied merely by asserting that an article is not properly marked.”
“Whether 35 U.S.C. §287(a) requires marking not only by a patentee and its agents, but also by mere licensees.”
Questions Presented by NetScout Systems, Inc.:
“Must a party object to the admissibility of expert testimony that was immaterial in light of the court’s claim construction order to preserve a challenge to the legal sufficiency of that testimony?”
“Must a company’s highest-level executives personally study the asserted patents to avoid a finding of willful infringement?”
