Late in 2017, Packet Intelligence LLC tried its overlapping claims of patent infringement against Blackstone (NetScout Systems, Tektronix Communications) (in October) and Sandvine (in November) to separate Eastern District of Texas juries, with contrasting results. The first jury found NetScout Systems to have willfully infringed multiple claims, also found not invalid, awarding Packet Intelligence $5.75M in damages, while the second jury found in Sandvine’s favor on infringement, awarding the NPE nothing. Neither case appears to have reached final resolution, with District Judge Rodney Gilstrap having ruled on some, but still in receipt of multiple other, post-trial motions. Meanwhile, Packet Intelligence has filed new lawsuits—asserting patents from the same network traffic monitoring and packet processing family—against Ericsson (2:18-cv-00381) and Nokia (2:18-cv-00382) in the same forum.
The Patent Trial and Appeal Board (PTAB) remained at the center of a heated public debate over the issue of tribal sovereign immunity in December 2017. Motions to dismiss filed by the Saint Regis Mohawk Tribe in IPRs against several Allergan patents—acquired by the tribe and licensed back to their original owner to shield them through sovereign immunity—remain pending as the PTAB considers a wave of amicus briefs filed on both sides of the issue. The Board has since denied the tribe’s motion for an oral hearing on discovery related to alleged bias held by the USPTO and its leadership, and that bias’s effect on the selection of judges for the tribe’s case. Meanwhile, among the petitions for inter partes review (IPR) filed in December was one brought by Apple against MEC Resources, LLC, an entity owned by another Native American tribe, which took over an existing lawsuit asserting the challenged patent against Apple in the fall. Also in December, the Board issued institution decisions in petitions against Iridescent Networks, Inc.; Lone Star Silicon Innovations LLC; and publicly traded Quarterhill Inc.; while an IPR against Packet Intelligence LLC ended in an adverse judgment after petitioner Sandvine prevailed in a November trial.