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Parties File Supplemental Briefs Addressing Recusal Issues, as Centripetal Proposes Both an Expansion and a Contraction of Its Wider Campaign

April 30, 2022

In the fall of 2020, following a 22-day bench trial, Eastern District of Virginia Judge Henry C. Morgan Jr. entered judgment in favor of Centripetal Networks, awarding nearly $2B in enhanced past damages, together with a royalty to run on certain Cisco products in stages over the following several years. An appeal was taken, with the parties (and industry coalitions) briefing a host of issues, principally the propriety of Judge Morgan’s enhancement; however, the Federal Circuit, a couple of weeks beforehand, limited the April 4, 2022 oral argument to whether ownership of 100 shares of Cisco stock by Judge Morgan’s spouse required immediate recusal then and/or vacatur of all subsequent rulings now. Last week, the parties submitted competing supplemental briefs concerning those issues, as Centripetal asks the Eastern District of Virginia to resume more streamlined litigation against Palo Alto Networks there but seeks to expand its dispute with Keysight Technologies with an investigation before the International Trade Commission (ITC).


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