Fed. Circ. Backs NetScout IP Trial Loss But Slashes Damages

Law360 (July 14, 2020, 10:48 PM EDT) -- The Federal Circuit on Tuesday affirmed an Eastern District of Texas judgment that computer networking company NetScout willfully infringed three Packet Intelligence LLC patents, although it overturned a decision that Netscout has to pay presuit damages.

In a 34-page precedential opinion, a three-judge panel partially upheld U.S. District Judge Rodney Gilstrap's refusal last year to erase a Texas jury's verdict that Packet Intelligence's patents were valid, and that NetScout Systems Inc. willfully infringed the patents with its GeoProbe data network monitoring systems.

NetScout argued on appeal that the jury's infringement verdict was based on a misreading of a key patent claim...

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