On May 5, a Federal Circuit panel affirmed a December 2019 jury verdict in favor of Erise client NetScout Systems, a worldwide leader in cybersecurity technology.
The case in question, Implicit LLC v. NetScout Systems Inc., stemmed from allegations that NetScout infringed the plaintiff’s patents that deal with how computers process network data. The plaintiff demanded $50.3 million.
Erise secured a complete defense victory at the U.S. District Court for the Eastern District of Texas; the jury verdict was featured by Law.com’s Litigation Daily.
Implicit subsequently asked for a new trial, which the district court denied in June 2020.
Implicit then appealed to the Federal Circuit, where Shareholder Eric Buresh argued on behalf of NetScout. It took the Federal Circuit panel just 24 hours after arguments to issue its opinion in Erise’s favor.
This win not only illustrates that Erise consistently wins in the challenging Eastern District of Texas – where the firm has secured four consecutive defense verdicts – but that Erise is winning through sound trial strategies that are quickly upheld by the Federal Circuit when challenged.