Fed. Cir. Slashes Computer Network Patent Infringement Verdict

July 14, 2020, 7:21 PM

A jury properly found that NetScout Systems Inc. willfully infringed Packet Intelligence LLC’s patents related to the transmission of information over a computer network, the Federal Circuit said.

But the portion of the $5.75 million verdict accounting for damages that occurred before the suit was filed must be eliminated, the U.S. Court of Appeals for the Federal Circuit said Tuesday in a precedential opinion. Packet Intelligence is barred from recovering pre-suit damages because it didn’t properly mark its products as patented to give notice to would-be infringers.

The court reversed the $3.5 million pre-suit damages award and vacated any portion ...

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