Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings, PTAB Litigation Blog
Visit the PTAB Litigation Blog
Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the Prevailing Party under Fed. R. Civ. P. 54(d) and for Taxable Costs. Packet Intelligence L.L.C. v. Netscout Sys., Inc., No. 2:16-CV-00230, 2024 WL 4505457 (E.D. Tex. Oct. 16, 2024) (“Order”) at *4. Judge Gilstrap also granted in part the defendants’ Motion for Bill of Costs. Id. Although the court declined to grant Costs to either party, it found that Defendant was the prevailing party after the Federal Circuit affirmed the PTAB’s parallel IPR decisions finding the asserted patents invalid. Id.
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
