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