Reduced Patent Verdict Stands as Full Fed. Cir. Denies Rehearing

The full Federal Circuit resisted calls from both sides to revisit a panel decision reducing a $5.75 million verdict for willful infringement of patents related to the transmission of information over a computer network.

In August, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit upheld a jury’s finding that NetScout Systems Inc. willfully infringed Packet Intelligence LLC’s patents. But Packet Intelligence is barred from recovering $3.5 million in pre-suit damages because it didn’t properly mark its products as patented to give notice to would-be infringers, the appeals court said.

Petitions filed by both sides for ...