Justices Urged To Rein In Enhanced Damages In Patent Cases

Law360 (March 18, 2021, 9:42 PM EDT) -- Computer networking company NetScout Systems has asked the U.S. Supreme Court to rule that companies cannot be found liable for enhanced damages due to willful patent infringement based on actions taken after the suit was filed, saying current law leaves companies unsure how to act when they are sued.

The company was found in 2017 to have willfully infringed Packet Intelligence's computer network patents in part because it kept selling the products in question — GeoProbe data network monitoring systems — after the suit was filed. In a petition docketed Wednesday, NetScout told the justices that there are conflicting rulings on whether that constitutes...

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