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Supreme Court Won’t Revisit Enhanced Patent Damages Test

April 19, 2021, 1:38 PM

The Supreme Court won’t intervene in a patent dispute between NetScout Systems Inc. and Packet Intelligence LLC, declining NetScout’s request that the court revisit the test for awarding enhanced damages in patent cases.

NetScout was told to pay Packet Intelligence $5.75 million after a jury found it infringed patents related to the transmission of information over a computer network. A district court judge added $2.8 million onto the award based on the jury’s finding that NetScout’s infringement was willful.

NetScout said there is confusion about whether willfulness requires pre-suit misconduct, or if it can be based entirely on conduct that...

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