NetScout Seeks Alice Ax Of $6M Judgment At Fed. Circ.

Law360 (August 21, 2019, 5:05 PM EDT) -- Computer networking company NetScout has asked the Federal Circuit to reverse a $5.75 million infringement judgment, saying that three Packet Intelligence LLC patents a Texas jury found it infringed are invalid under Alice.

NetScout Systems Inc.'s opening brief filed Monday contends that the district court erred by determining that the patents at issue solved a technical problem. NetScout also says the patents lack an inventive concept, rendering them ineligible under the U.S. Supreme Court's ruling in Alice v. CLS Bank, which held that abstract ideas are unpatentable.

"Nothing in the claims amounts to an inventive concept that transforms the abstract idea...

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