In a split decision, the US Court of Appeals for the Federal Circuit affirmed the subject matter eligibility of claims directed to collection, comparison and classification of information. The Court also unanimously found that the patent owner was not entitled to pre-suit or enhanced damages because it failed to prove pre-suit patent marking by its licensees. Packet Intelligence LLC v. Netscout Systems, Inc., Case No. 19-2041 (Fed. Cir. July 14, 2020) (Lourie, J.) (Reyna, J., dissenting in part). This dispute began when Packet Intelligence sued Netscout for infringing three of its patents that were directed to a system and method for monitoring packets exchanged over a computer network. The case was tried before a jury, which found the patents-in-suit valid and infringed. The jury further determined that Packet Intelligence was entitled to pre-suit and post-suit damages, as well as enhanced damages. Netscout filed a motion for judgment as a matter of law that...

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