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ARTICLE · 02 FEBRUARY 2016

It Ends Not With A Bang But A Whimper

Commil sued Cisco eight years ago on a patent covering a method for faster and more reliable handoffs of a mobile device as it moves throughout a mobile network.

United StatesIntellectual Property

Commil USA, LLC v. Cisco Systems, Inc.

The patent case between Commil and Cisco, a case that made new law at the Supreme Court on the issue of the intent requirement in cases of induced infringement allegations, came to an end with a whimper on remand back to the Federal Circuit. After trial, retrial, Federal Circuit appeal, and Supreme Court appeal, the U.S. Court of Appeals for the Federal Circuit has found no infringement by the defendant Cisco, largely based on the Court's agreement with the district court claim construction ruling. Commil USA, LLC v. Cisco Systems, Inc., Case No. 12-1042 (Fed. Cir., Dec. 28, 2015) (Prost, C.J.).

Commil sued Cisco eight years ago on a patent covering a method for faster and more reliable handoffs of a mobile device as it moves throughout a mobile network. At trial, the jury found that Commil's patent was valid, that Cisco was liable for direct infringement, but not induced infringement, and awarded Commil $3.7 million in

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