For our weekly SoCal IP Institute meeting on Monday, July 20th, 2020 we will discuss the following cases:
Packet Intelligence LLC v. NetScout Systems, Inc. (CAFC 2020) (Here)
Packet Intelligence sued NetScout for patent infringement of three patents related to software. A jury sided with Packet Intelligence and awarded damages. On appeal the Federal Circuit reversed a pre-suit damages award. Said the court, “Packet Intelligence is barred from recovering damages for pre-suit sales of the products because it failed to comply with the marking requirement. It cannot circumvent § 287 and include those products in its royalty base simply by arguing that NetScout’s infringement of related method claims drove sales. Because neither the record nor the law supports Packet Intelligence’s recovery of pre-suit damages for any of the asserted patents, NetScout is entitled to judgment as a matter of law on this issue.”
Dana-Farber Cancer Institute, Inc. v. Ono Pharma Co. (CAFC 2020) (Here)
Three inventors collaborated in research involving cancer therapies. One of the inventors decided to file his own patent application and filed an application in Japan which eventually became the parent application to multiple patents and applications in the US. The other two inventors eventually sued to be listed as joint inventors on the US patents and applications. A district court in Massachusetts ruled that the other two inventors should be on the patents, the Federal Circuit agreed.
All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link at 12:00pm PT. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.