Erise shareholders Eric A Buresh, Mark C. Lang and Michelle L. Marriott, along with associate Joe Craig, recently secured a ruling that invalidated six of the plaintiff PacSec3’s asserted independent claims. 

In September, Judge Alan Albright of the U.S. District Court for the Western District of Texas found that all of the means-plus-function limitations in the three asserted patents were indefinite under 35 U.S.C. §112, ¶6 because the specifications failed to disclose sufficient structure. This ruling invalidates two of the asserted patents entirely.  

The case, PacSec3, LLC v. NetScout Systems, Inc., is even more significant as Judge Albright is one of the most notoriously plaintiff-friendly judges in the country.