A Texas federal judge sided with Erise IP shareholders Eric Buresh and Mark Lang and senior counsel Abe Kean after denying the plaintiff’s request to retry a more than $50 million infringement case after Erise scored a complete defense verdict on behalf of NetScout.
Law360 reported U.S. District Judge Rodney Gilstrap ruled that the inventor “wasn’t entitled to retry its claims that NetScout’s system for monitoring computer data traffic infringed on three of its patents. The judge said the evidence shows the patents and NetScout’s system were different enough to support the jury’s finding of noninfringement.”
Judge Gilstrap added that the plaintiff’s counsel “didn’t raise any objections during trial either, preventing the company from using this argument as a reason for a new trial.”
Prior to the result, the plaintiff had filed 38 lawsuits against multiple household name technology companies with each case resulting in a settlement. NetScout was the first defendant to take its case by this plaintiff to trial.
