Packet Intelligence LLC v. NetScout Systems, Inc.

19-2041

Overview

Case Number 19-2041

Filing Date 2019-06-18

Status Terminated

Termination Date 2020-07-14

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Plaintiff - Appellee

PACKET INTELLIGENCE LLC

Represented By

9 Attorneys Listed

Steven Hartsell, Attorney

Stris & Maher LLP

Suite 700, 1920 McKinney Avenue

Paul Skiermont, -

Skiermont Derby LLP

1601 Elm Street, Suite 4400

Lucas M. Walker

MoloLamken LLP

600 New Hampshire Avenue NW, Washington, DC 20037

Steven Udick

McKool Smith, P.C.

12th Floor, 300 Crescent Court

Mieke K. Malmberg, Attorney

Stris & Maher LLP

Suite 600, 17785 Center Court Drive N

Jeffrey A. Lamken, -

MoloLamken LLP

600 New Hampshire Avenue NW, Washington, DC 20037

Leonid Grinberg, AT

Bluestem Law LLC

PO Box 77764, Baton Rouge, LA 70879

Robert Greenspoon

Dunlap Bennett & Ludwig PLLC

Suite 2700, 333 N Michigan Avenue

Sadaf R. Abdullah, Attorney

Skiermont Derby LLP

1601 Elm Street, Suite 4400

Defendant - Appellant

NETSCOUT SYSTEMS TEXAS, LLC, fka Tektronix Texas, LLC

Represented By

7 Attorneys Listed

Michael J. Lyons, -

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Julie S. Goldemberg

Morgan, Lewis & Bockius LLP

2222 Market Street, Philadelphia, PA 19103

William R. Peterson

Office of the Attorney General

209 W 14th Street, Austin, TX 78701

Thomas Y. Nolan, Attorney

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Ahren Christian Hsu-Hoffman

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Jason D. Frank, Esq., Attorney

Morgan, Lewis & Bockius LLP

One Federal Street, Boston, MA 02110-1726

Eric Kraeutler, -

Morgan, Lewis & Bockius LLP

2222 Market Street, Philadelphia, PA 19103

NETSCOUT SYSTEMS, INC.

Represented By

7 Attorneys Listed

Michael J. Lyons, -

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Julie S. Goldemberg

Morgan, Lewis & Bockius LLP

2222 Market Street, Philadelphia, PA 19103

William R. Peterson

Office of the Attorney General

209 W 14th Street, Austin, TX 78701

Thomas Y. Nolan, Attorney

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Ahren Christian Hsu-Hoffman

Morgan, Lewis & Bockius LLP

1400 Page Mill Road, Palo Alto, CA 94304

Jason D. Frank, Esq., Attorney

Morgan, Lewis & Bockius LLP

One Federal Street, Boston, MA 02110-1726

Eric Kraeutler, -

Morgan, Lewis & Bockius LLP

2222 Market Street, Philadelphia, PA 19103

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 06/13/2019. [615014]Entry of Appearance is due 07/02/2019. Certificate of Interest is due on 07/02/2019. Docketing Statement is due 07/02/2019. Appellants' brief is due 08/19/2019. [JAL] [Entered: 06/18/2019 10:52 AM]

2019-06-18

View

Entry of appearance for Paul J. Skiermont as principal counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618722] [19-2041] [Paul Skiermont] [Entered: 07/02/2019 05:57 PM]

2019-07-02

View

Entry of appearance for Sadaf R. Abdullah as of counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618723] [19-2041] [Sadaf Abdullah] [Entered: 07/02/2019 06:01 PM]

2019-07-02

View

Entry of appearance for Mieke K. Malmberg as of counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618724] [19-2041] [Mieke Malmberg] [Entered: 07/02/2019 06:07 PM]

2019-07-02

View

Packet Intelligence LLC v. NetScout Systems, Inc.

Overview

Parties

Plaintiff - Appellee

PACKET INTELLIGENCE LLC Follow

Represented By

Defendant - Appellant

NETSCOUT SYSTEMS TEXAS, LLC, fka Tektronix Texas, LLC Follow

Represented By

NETSCOUT SYSTEMS, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 06/13/2019. [615014]Entry of Appearance is due 07/02/2019. Certificate of Interest is due on 07/02/2019. Docketing Statement is due 07/02/2019. Appellants' brief is due 08/19/2019. [JAL] [Entered: 06/18/2019 10:52 AM]

Entry of appearance for Paul J. Skiermont as principal counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618722] [19-2041] [Paul Skiermont] [Entered: 07/02/2019 05:57 PM]

Entry of appearance for Sadaf R. Abdullah as of counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618723] [19-2041] [Sadaf Abdullah] [Entered: 07/02/2019 06:01 PM]

Entry of appearance for Mieke K. Malmberg as of counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618724] [19-2041] [Mieke Malmberg] [Entered: 07/02/2019 06:07 PM]

Entry of appearance for Steven W. Hartsell as of counsel for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618725] [19-2041] [Steven Hartsell] [Entered: 07/02/2019 06:09 PM]

Certificate of Interest for Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618726] [19-2041] [Steven Hartsell] [Entered: 07/02/2019 06:11 PM]

Docketing Statement for the Appellee Packet Intelligence LLC. Service: 07/02/2019 by email. [618728] [19-2041] [Steven Hartsell] [Entered: 07/02/2019 06:15 PM]

Entry of appearance for Eric Kraeutler as principal counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618733] [19-2041] [Eric Kraeutler] [Entered: 07/02/2019 07:42 PM]

Entry of appearance for Michael J. Lyons as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618736] [19-2041] [Michael Lyons] [Entered: 07/02/2019 07:54 PM]

Entry of appearance for Michael F. Carr as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618737] [19-2041] [Michael Carr] [Entered: 07/02/2019 08:05 PM]

Entry of appearance for Ahren C. Hsu-Hoffman as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618741] [19-2041] [Ahren Hsu-Hoffman] [Entered: 07/02/2019 08:14 PM]

Entry of appearance for William R. Peterson as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618749] [19-2041] [William Peterson] [Entered: 07/02/2019 08:22 PM]

Entry of appearance for Karon N. Fowler as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618752] [19-2041] [Karon Fowler] [Entered: 07/02/2019 08:29 PM]

Entry of appearance for Thomas Y. Nolan as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618754] [19-2041] [Thomas Nolan] [Entered: 07/02/2019 08:34 PM]

Entry of appearance for Julie S. Goldemberg as of counsel for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618755] [19-2041] [Julie Goldemberg] [Entered: 07/02/2019 08:39 PM]

Certificate of Interest for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618757] [19-2041] [Michael Lyons] [Entered: 07/02/2019 08:45 PM]

Docketing Statement for the Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/02/2019 by email. [618763] [19-2041] [Michael Lyons] [Entered: 07/02/2019 08:55 PM]

Amended Certificate of Interest for Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. Service: 08/19/2019 by email. [629430] [19-2041] [Eric Kraeutler] [Entered: 08/19/2019 10:43 PM]

MOTION of Appellee Packet Intelligence LLC to extend the time to 10/15/2019 to file Response/Reply [Consent: unopposed]. Service: 09/05/2019 by email. [633484] [19-2041] [Steven Hartsell] [Entered: 09/05/2019 04:26 PM]

Entry of appearance for Jason D. Frank as of counsel for Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. Service: 10/02/2019 by email. [639658] [19-2041] [Jason Frank] [Entered: 10/02/2019 02:00 PM]

Entry of appearance for Steven J. Udick as of counsel for Appellee Packet Intelligence LLC. Service: 10/15/2019 by email. [642160] [19-2041] [Steven Udick] [Entered: 10/15/2019 12:08 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellee Packet Intelligence LLC. Service: 12/06/2019 by email. [654687] [19-2041] [Steven Hartsell] [Entered: 12/06/2019 03:14 PM]

Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants NetScout Systems Texas, LLC, NetScout Systems, Inc. and Appellee Packet Intelligence LLC. Service: 12/06/2019 by email. [654769] [19-2041] [Eric Kraeutler] [Entered: 12/06/2019 05:31 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 12/06/2019 by email. [654771] [19-2041] [Eric Kraeutler] [Entered: 12/06/2019 05:41 PM]

MODIFIED ENTRY: CONFIDENTIAL JOINT APPENDIX FILED for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. Number of Pages: 1175. Service: 12/06/2019 by US mail, email. [654794]--[Edited 12/10/2019 by JAL - Compliance review complete] [Eric Kraeutler] [Entered: 12/06/2019 07:13 PM]

MODIFIED ENTRY: JOINT APPENDIX FILED for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. Number of Pages: 1175. Service: 12/06/2019 by email. [654797] --[Edited 12/10/2019 by JAL - Compliance review complete] [Eric Kraeutler] [Entered: 12/06/2019 07:27 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [655321] [JAL] [Entered: 12/10/2019 02:07 PM]

6 paper copies of the Opening Response Brief [27] received from Appellee Packet Intelligence LLC. [656131] [CJF] [Entered: 12/12/2019 03:23 PM]

6 paper copies of the Confidential Joint Appendix (Vol. I - III) [35] received from Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. [656807] [CJF] [Entered: 12/16/2019 02:26 PM]

6 paper copies of the Opening Brief [20] received from Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. [656833] [CJF] [Entered: 12/16/2019 03:03 PM]

6 paper copies of the Reply Brief [31] received from Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. [656834] [CJF] [Entered: 12/16/2019 03:04 PM]

Notice from Appellee Packet Intelligence LLC regarding conflicts with oral argument. Service: 12/16/2019 by email. [656955] [19-2041] [Paul Skiermont] [Entered: 12/16/2019 06:31 PM]

Notice from Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. regarding conflicts with oral argument. None. Service: 12/16/2019 by email. [656963] [19-2041] [Eric Kraeutler] [Entered: 12/16/2019 07:12 PM]

Notice from Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. regarding conflicts with oral argument. None. Service: 12/17/2019 by email. [657113] [19-2041] [Michael Lyons] [Entered: 12/17/2019 12:24 PM]

Response to notice of oral argument from the Appellee Packet Intelligence LLC. [677906] [19-2041] [Paul Skiermont] [Entered: 03/11/2020 01:49 PM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. Service: 03/13/2020 by email. [678821] [19-2041] [Michael Lyons] [Entered: 03/13/2020 07:57 PM]

Response to notice of oral argument from the Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. [678823] [19-2041] [Michael Lyons] [Entered: 03/13/2020 08:11 PM]

RESPONSE of Appellee Packet Intelligence LLC to the supplemental authority [50] filed by Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. Service: 03/18/2020 by email. [680097] [19-2041] [Paul Skiermont] [Entered: 03/18/2020 09:06 PM]

Clerk's Letter to Appellants NetScout Systems Texas, LLC, NetScout Systems, Inc. and Appellee Packet Intelligence LLC (April 2020 Telephonic Argument Orientation). Service as of this date by the Clerk of Court. [682117] [JBP] [Entered: 03/26/2020 03:11 PM]

ORDER filed. The oral argument scheduled for April 9, 2020, is canceled. This appeal will be submitted on the briefs without oral argument on that date. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [682290] [JAB] [Entered: 03/27/2020 10:57 AM]

Submitted ON THE BRIEFS. Panel: Judge: Lourie, Judge: Reyna, Judge: Hughes. [685557] [JCP] [Entered: 04/09/2020 11:11 AM]

OPINION filed for the court by Lourie, Circuit Judge; Reyna, Circuit Judge and Hughes, Circuit Judge. Opinion concurring in part and dissenting in part filed by Circuit Judge Reyna. Precedential Opinion. [707291] [JAB] [Entered: 07/14/2020 09:48 AM]

Amended Certificate of Interest for Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc.. Service: 07/22/2020 by email. [709382] [19-2041] [Eric Kraeutler] [Entered: 07/22/2020 04:39 PM]

MOTION of Appellants NetScout Systems Texas, LLC and NetScout Systems, Inc. to withdraw counsel Michael F. Carr; Karon N. Fowler [Consent: unopposed]. Service: 07/22/2020 by email. [709383] [19-2041] [Eric Kraeutler] [Entered: 07/22/2020 04:41 PM]

MOTION of Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 09/14/2020 [Consent: unopposed]. Service: 07/27/2020 by email. [710395] [19-2041] [Michael Lyons] [Entered: 07/27/2020 05:21 PM]

MOTION of Appellee Packet Intelligence LLC to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 09/14/2020 [Consent: unopposed]. Service: 07/28/2020 by email. [710718] [19-2041] [Steven Hartsell] [Entered: 07/28/2020 04:09 PM]

MOTION of Appellee Packet Intelligence LLC for leave to file entry of appearances(s) for Robert P. Greenspoon [Consent: unopposed]. Service: 08/07/2020 by email. [713334] [19-2041] [Robert Greenspoon] [Entered: 08/07/2020 12:20 PM]

ORDER filed granting motion leave to appear as counsel [64] filed by Appellee Packet Intelligence LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [713577] [JAB] [Entered: 08/10/2020 09:26 AM]

Entry of appearance for Robert P. Greenspoon as counsel for Appellee Packet Intelligence LLC. Service: 08/07/2020 by email. [713578] [JAB] [Entered: 08/10/2020 09:28 AM]

MOTION of Appellee Packet Intelligence LLC for leave to file entry of appearances(s) for Jeffrey A. Lamken; Lucas M. Walker; Leonid Grinberg [Consent: unopposed]. Service: 09/09/2020 by email. [720337] [19-2041] [Jeffrey Lamken] [Entered: 09/09/2020 10:47 AM]

ORDER filed granting motion leave to appear as counsel [68] filed by Appellee Packet Intelligence LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [720422] [JAB] [Entered: 09/09/2020 01:19 PM]

Entry of appearance for Jeffrey A. Lamken; Lucas M. Walker; Leonid Grinberg as counsel for Appellee Packet Intelligence LLC. Service: 09/09/2020 by email. [720423] [JAB] [Entered: 09/09/2020 01:21 PM]

Amended Certificate of Interest for Appellee Packet Intelligence LLC. Service: 09/14/2020 by email. [721329] [19-2041] [Lucas Walker] [Entered: 09/14/2020 01:51 PM]

Petition for panel rehearing, for en banc rehearing filed by Appellee Packet Intelligence LLC. Service: 09/14/2020 by email. [721334] [19-2041] [Lucas Walker] [Entered: 09/14/2020 01:58 PM]

Petition for panel rehearing, for en banc rehearing filed by Appellants NetScout Systems, Inc. and NetScout Systems Texas, LLC. Service: 09/14/2020 by email. [721495] [19-2041] [Michael Lyons] [Entered: 09/14/2020 07:50 PM]

Mandate issued to the United States District Court for the Eastern District of Texas. Service as of this date by the Clerk of Court. [731023] [JAB] [Entered: 10/23/2020 11:04 AM]

Petition for writ of certiorari filed on 03/15/2021 in the U.S. Supreme Court. No.: 20-1289,NetScout Systems Texas LLC v. Packet Intelligence LLC. [763451] [JCP] [Entered: 03/19/2021 11:43 AM]

The petition for rehearing for writ of certiorari No. 20-1289 was on 04/19/2021.[769690] [JCP] [Entered: 04/19/2021 05:19 PM]

Track Case Updates

PACKET INTELLIGENCE LLC

NETSCOUT SYSTEMS TEXAS, LLC, fka Tektronix Texas, LLC

NETSCOUT SYSTEMS, INC.