NetScout Systems, Inc. v. Packet Intelligence LLC


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

Proceedings and Orders
March 24, 2021
DISTRIBUTED for Conference of 4/16/2021.
April 19, 2021
Petition DENIED.