NetScout Systems, Inc. v. Packet Intelligence LLC

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

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

2. “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. ”

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

Posts About this Case

Date
Proceedings and Orders
March 24, 2021
DISTRIBUTED for Conference of 4/16/2021.