Don’t let patent licensing missteps cost you

Description

Abstract: The owner of three software-related patents can attest to the highs and lows of patent litigation after the U.S. Court of Appeals for the Federal Circuit ruled in its case. Unlike other patents challenged as patent-ineligible under the so-called Alice test, its patents were upheld — but the patentee lost out on millions in pre-suit damages due to a licensing misstep. This article examines the case and reminds readers not to make the same mistake. Packet Intelligence LLC v. Netscout Systems, Inc., No. 19-2041 (Fed. Cir. July 14, 2020).