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Federal Circuit: Judicial Correction Appropriate Where Correction Is Not Subject to Reasonable Debate
On June 3, 2022, a Federal Circuit panel of Judges Lourie, Prost, and Chen issued a unanimous opinion, authored by Judge Prost, in Pavo Solutions LLC v. Kingston Technology Company, Inc., Case No. 2021-1834. The panel affirmed the Central District of California's finding that Kingston willfully infringed certain claims of U.S. Patent No. 6,926,544 (the '544 patent) and enhancement of 50% of the $7.5 million compensatory damages award. Slip Op. at 2.
In 2014, CATR Co. (CATR), later substituted by Pavo Solutions, LLC ("Pavo"), sued Kingston for infringement of the '544 patent. Id. Kingston subsequently sought inter partes review ("IPR") of the patent. Id. at 4. The '544 patent claims that survived IPR remained at issue in the district court litigation. Id. at 4–5.
The '544 patent is directed generally to a "flash memory apparatus having a single body type rotary cover." Id. at 2. Unlike prior-art covers used to protect USB ports that were separable from the flash memory apparatus, the patented cover "is not completely separated from the main body during use." Id.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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