October 19, 2021
As reported by Reuters, the U.S. Court of Appeals for the Federal Circuit reinstated Cisco’s liability for at least $59.6 million, for its willful infringement of SRI International Inc.’s patents related to network security.
According to the Federal Circuit, Cisco’s willful infringement, unreasonable defences, and litigation conduct justified the decision, which reversed part of the the Delaware lower court decision.
In awarding enhanced damages, the Court agreed that the infringement was willful, largely on the basis that Cisco had no reasonable basis for its infringement defences. The appeals court also noted Cisco’s litigation conduct, including its “apparent disdain for SRI and its business model”, and losses on “all issues during summary judgment and trial”.
Authors: Farrah Kudus and Mark Leonard