Erise Earns Fourth Straight Defense Verdict in the Eastern District of Texas


The Erise trial team of Eric A. Buresh, Mark Lang and Michelle L. Marriott earned the firm’s fourth straight defense verdict in the notorious Eastern District of Texas – a notable win given the subject matter, the plaintiff and the swiftness of the jury’s decision.

Client NetScout Systems (Nasdaq: NTCT) provides systems that secure and protect against cyberattacks. Plaintiff Longhorn HD alleged that three of NetScout’s software products copied claims in a cybersecurity patent covering an “intrusion detection system” for distributed denial of service attacks (DDoS).

In a DDoS attack, the perpetrator sends a surge of activity to a server, overwhelming it and preventing access by intended users. In addition to crippling applications, this also may provide a distraction while cybercrimes are underway. According to Cisco, more than 13.9 million DDoS attacks are projected for 2022. NetScout’s products are deployed in 107 countries and protect 90 percent of the world’s Tier 1 Internet Service Providers, 3 out of 5 of the top social brands, and the overwhelming majority of America’s healthcare infrastructure.

A patent holding company, Longhorn HD bought the patent in question in 2018. As Law360 reported, Longhorn HD initiated several lawsuits shortly thereafter, including litigation against Palo Alto Networks and Fortinet. The seven prior lawsuits filed by Longhorn all ended in settlements in favor of Longhorn. All matters are before the same judge in the Eastern District, U.S. District Judge Rodney Gilstrap. This was the first of Longhorn’s suits to proceed to trial. The company sought $62 million.

The trial spanned four days. The jury deliberations lasted less than one hour before turning a full defense verdict.