Affirms PTAB Obviousness Rulings in Network-Threat Detection Patent IPR
Summary
The Federal Circuit affirmed the PTAB's determination that claims 1–3, 5–13, and 15–20 of U.S. Patent No. 10,193,917 ('the '917 Patent) are not patentable for obviousness, and reversed the PTAB's finding that claims 4 and 14 are patentable. Centripetal Networks appealed the Board's obviousness rulings while Keysight cross-appealed the non-obviousness findings. The court decided the case under 28 U.S.C. § 1295(a)(4)(A). The '917 Patent covers a packet-filtering device for rule-based network-threat detection that applies operators to block or permit network packets and generates log data.
About this source
GovPing monitors Federal Circuit Opinions for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 3 changes logged to date.
What changed
The Federal Circuit modified the PTAB's inter partes review decision for U.S. Patent No. 10,193,917 ('Rule-Based Network-Threat Detection'), affirming the obviousness findings for claims 1–3, 5–13, and 15–20 while reversing the non-obviousness findings for claims 4 and 14. The appellate court's decision resolves the parties' cross-appeals arising from Keysight's petition for inter partes review.
Patent owners and petitioners involved in inter partes review proceedings should note that this decision illustrates how the Federal Circuit will scrutinize Board findings on obviousness of specific claim limitations in the network-security and packet-filtering technology space. While non-precedential, the ruling reflects the court's application of obviousness standards to network-threat detection inventions.
Scheduled event
- Date
- 2026-04-23
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Jump To
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
April 23, 2026 Get Citation Alerts Download PDF Add Note
Centripetal Networks, LLC v. Keysight Technologies, Inc.
Court of Appeals for the Federal Circuit
- Citations: None known
- Docket Number: 24-1406
Precedential Status: Non-Precedential
Combined Opinion
Case: 24-1406 Document: 63 Page: 1 Filed: 04/23/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
CENTRIPETAL NETWORKS, LLC,
Appellant
v.
KEYSIGHT TECHNOLOGIES, INC.,
Cross-Appellant
2024-1406, 2024-1473
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
01097.
Decided: April 23, 2026
JEFFREY B. WALL, Sullivan & Cromwell LLP, Washing-
ton, DC, argued for appellant. Also represented by DANIEL
J. RICHARDSON; ANDREI IANCU, Los Angeles, CA; LAURIE
STEMPLER, New York, NY; JAMES R. HANNAH, Herbert
Smith Freehills Kramer (US) LLP, Redwood Shores, CA.
GERARD M. DONOVAN, Reed Smith LLP, Washington,
DC, argued for cross-appellant. Also represented by JAMES
CHRISTOPHER MARTIN, Pittsburgh, PA; JONAH D.
MITCHELL, San Francisco, CA.
Case: 24-1406 Document: 63 Page: 2 Filed: 04/23/2026
2 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
Before PROST, WALLACH, and STARK, Circuit Judges.
WALLACH, Circuit Judge.
Based on a petition filed by Keysight Technologies, Inc.
(“Keysight”), the United States Patent and Trademark
Office’s Patent Trial and Appeal Board (“the Board”)
instituted inter partes review of claims 1–20 of U.S. Patent
No. 10,193,917 (“the ’917 Patent”). The Board found claims
1–3, 5–13, and 15–20 unpatentable for obviousness.
J.A. 50. The Board found claims 4 and 14 not unpatentable
for obviousness. J.A. 50. Centripetal Networks, LLC
(“Centripetal”), appeals the Board’s obviousness
determinations as to claims 1–3, 5–13, and 15–20, and
Keysight cross-appeals the Board’s non-obviousness
determination as to claims 4 and 14. We have jurisdiction
under 28 U.S.C. § 1295 (a)(4)(A). We affirm as to claims 1–
3, 5–13, and 15–20 and we reverse as to claims 4 and 14.
BACKGROUND
I. The ’917 Patent
Titled “Rule-Based Network-Threat Detection,” the
’917 Patent discloses a “packet-filtering device” that
receives network packets and determines whether they
correspond to criteria specified by a “packet-filtering rule.”
’917 Patent (Abstract). The packet-filtering rule criteria
may correspond to one or more “network threat indicators.”
Id. The packet-filtering device applies an operator,
specified by the packet-filtering rule, that allows it to
either prevent or permit the packet to continue forward to
its destination. Id. “The packet-filtering device may
generate a log entry comprising information from the
packet-filtering rule that identifies the one or more
network-threat indicators and indicating whether the
packet-filtering device prevented the packet from
continuing toward its destination or allowed the packet to
Case: 24-1406 Document: 63 Page: 3 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 3
KEYSIGHT TECHNOLOGIES, INC.
continue toward its destination.” Id. The packet-filtering
device generates two types of log data—“packet log” data
and “flow log” data. Id. at col. 6, ll. 29–32.
Figure 3F of the ’917 Patent “depict[s] an illustrative
event sequence for rule-based network-threat detection in
accordance with one or more aspects of the disclosure.” Id.
at col. 2, ll. 28–29.
Id. at FIG. 3F. As the ’917 Patent explains:
At step 64, three packets destined for host 112 and
three packets destined for host 114 are
communicated by threat host 140, and packet-
filtering device 144 may receive each of the six
packets, apply one or more of packet-filtering rules
218 to the [six] packets, determine that each of the
[six] packets corresponds to criteria specified by a
packet-filtering rule of packet-filtering rules 404
(e.g., Rule: TI001), apply an operator specified by
the packet-filtering rule (e.g., the BLOCK operator)
to each of the six packets, prevent each of the six
packets from continuing toward its respective
Case: 24-1406 Document: 63 Page: 4 Filed: 04/23/2026
4 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
destination, and generate log data for each of the
six packets.
Id. at col. 15 ll. 19–29.
At step 65, the packet-filtering device generates packet
log entries (92 to 97) in packet log 502 for each of the six
packets received in step 64. Id. at col. 15, ll. 33–35. This
can be seen below in Figure 5F.
Id. at FIG. 5F. At step 67, the packet-filtering device
continues to process the log data generated in step 64. Id.
at col. 15, ll. 53–54. Referring to Figure 5G below, the
packet-filtering device modifies an entry in flow log 504 for
the packets received in step 64 based on the entries
generated in the packet log (e.g., step 65), id. at col. 15,
ll. 55–58, specifically, the “entry corresponding to Threat
ID: Threat_1 (e.g., the time range and the count of
associated packets prevented by packet-filtering device 144
from continuing toward their respective destinations).” Id.
at col. 15, ll. 59–62.
Case: 24-1406 Document: 63 Page: 5 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 5
KEYSIGHT TECHNOLOGIES, INC.
Id. at FIG. 5G.
Finally, at step 68, the packet-filtering device utilizes
flow log 504 to generate data comprising an update for
interface 600 and communicates the data to host 110. Id.
at col. 15, ll. 63–65. Referring to Figure 6G below, the
update causes interface 600 to update the entry in listing
606 associated with Threat ID: Threat_1 to reflect the six
packets received in step 64 and a new score (e.g., 6). Id. at
col. 15, l. 65–col. 16, l. 2.
Id. at FIG. 6G.
Case: 24-1406 Document: 63 Page: 6 Filed: 04/23/2026
6 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
Claim 1 is representative of the ’917 Patent claims at
issue1 and recites:
1. A method comprising:
receiving, by a packet-filtering device, a plurality
of packets;
responsive to a determination by the packet-
filtering device that a first packet of the plurality
of packets corresponds to one or more packet-
filtering rules:
applying, by the packet-filtering device and
to the first packet, an operator specified
by a corresponding packet-filtering rule
and configured to cause the packet-filtering
device to either prevent the first packet
from continuing toward a destination of the
first packet or allow the first packet to
continue toward the destination of the first
packet; and
generating, by the packet-filtering device, a
packet log entry comprising at least one
threat identifier corresponding to the first
packet and data indicating whether the
packet-filtering device prevented the first
packet from continuing toward the
destination of the first packet or allowed
the packet to continue toward the
destination of the first packet;
updating, by the packet-filtering device
and based on the packet log entry, a packet
flow entry, corresponding to the generated
packet log entry, of packet flow analysis
1 See Appellant Br. at Cover, Cross-Appellant Br. at
Cover.
Case: 24-1406 Document: 63 Page: 7 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 7
KEYSIGHT TECHNOLOGIES, INC.
data for a plurality of packet flow entries,
and wherein each packet flow entry
consolidates a plurality of packet log
entries corresponding to a common threat
identifier;
communicating, by the packet-filtering
device and to a computing device, the
packet flow analysis data; and
causing, based on the communicated
packet flow analysis data, display of at
least a portion of the packet flow analysis
data,
wherein the packet flow analysis data
comprises at least one threat identifier
corresponding to each of the plurality of
logged packets, packet time data for
packets corresponding to the packet flow
entry, and data indicating whether the
packet-filtering device prevented packets
from continuing toward a respective
destination or allowed packets to continue
toward the respective destination.
Id. at Claim 1.
II. The Board Decision
The Board determined that Keysight met its burden of
showing claims 1–3, 5, 11–13, 15, and 20 would have been
obvious over Sourcefire alone and claims 6–10 and 16–19
would have been obvious over a combination of Sourcefire
and Macaulay. J.A. 50. The Board also determined that
Keysight did not meet its burden of showing claims 4 and
14 would have been obvious. J.A. 50.
A. Sourcefire
“Sourcefire is a user guide for the Sourcefire 3D
system, a system that provides ‘real-time network
Case: 24-1406 Document: 63 Page: 8 Filed: 04/23/2026
8 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
intelligence for real-time network defense.’” J.A. 17 (citing
J.A. 704). “The system operates via ‘3D Sensors’ that can
each run the Sourcefire ‘Intrusion Prevention System’
(IPS), which allows monitoring of networks for attacks by
examining packets for malicious activity.” J.A. 17 (citing
J.A. 705–06). The “3D Sensors use ‘detection engines’ that
‘analyze network traffic for evidence of attacks on network
resources.’” J.A. 17 (citing J.A. 926). “When a packet
travels over a segment monitored by a detection engine, the
3D Sensor analyzes it using a series of decoders and
preprocessors and a rules engine.” J.A. 17 (citing J.A. 926).
“Sourcefire users can create custom ‘intrusion rules’ to
examine packets for attacks and manage the rules across
all the 3D Sensors in the system through a centralized
‘Defense Center.’” J.A. 17 (citing J.A. 706, 926). “An
intrusion rule is a specified set of keywords and arguments
on a 3D Sensor with the IPS component that detects
attempts to exploit vulnerabilities on [a] network by
analyzing network traffic to check if it matches the criteria
in the rule.” J.A. 1433; see also J.A. 17–18. “If a ‘pass rule’
is met, the network traffic in question is ignored (and
allowed to continue).” J.A. 18 (citing 1433). “[I]f a ‘drop
rule’ is met, the packet is dropped and an ‘event’ is
generated.” J.A. 18 (citing 1433).
“When a detection engine identifies a possible
intrusion, it generates an intrusion event, which is a record
indicating the date, time, the type of exploit, and
contextual information about the source of the attack and
its target.” J.A. 926 (emphasis omitted); see also J.A. 18.
“Intrusion events are added to a database, and reports of
intrusion events can be displayed on a user interface.”
J.A. 18 (citation omitted). Referencing “Figure B, an
annotated version of a screenshot of Sourcefire’s ‘table view
of intrusion events,’” see J.A. 18, the Board explained:
This figure shows detailed information for packets
that have triggered one or more intrusion rules,
Case: 24-1406 Document: 63 Page: 9 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 9
KEYSIGHT TECHNOLOGIES, INC.
including (i) date and time of the event (in the blue
box), (ii) an indication whether the packet was
allowed or dropped (in the red box), (iii) source and
destination IP addresses and ports (in the yellow
box), and (iv) a message or rule-specific
explanatory text for the event (in the green box).
J.A. 19 (citations omitted).
J.A. 19.
Regarding Sourcefire, the Board made four findings
that are relevant to the present appeal. First, the Board
found that Sourcefire discloses a “packet flow entry.”
J.A. 25. Relying on another annotated screenshot of
Sourcefire, which is reproduced below, the Board explained
that “the packet flow entry is the ‘entry’ shown in, for
example, . . . Figure C.” J.A. 25.
Case: 24-1406 Document: 63 Page: 10 Filed: 04/23/2026
10 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
J.A. 24. Second, the Board found that Sourcefire discloses
“packet flow analysis data.” See J.A. 25. As the Board
explained:
[The packet flow entry] corresponds to one or more
packet log entries (e.g., the 90 packet log entries)
and is of “packet flow analysis data” including
“data corresponding to a plurality of packet flow
entries.” Sourcefire’s packet flow entries
consolidate multiple packet log entries that all
correspond to a common threat identifier, such as
the “FTP MKD overflow attempt (1:1973)” event
shown in Petitioner’s Figure C.
J.A. 25–26; see also J.A. 33 (“The ‘packet flow analysis data’
is the set of packet log entries that are reflected in the flow
log entry (i.e., that data underlying the entry).”).
Third, the Board found that Sourcefire discloses a
packet-filtering device that updates a packet flow entry
based on a packet log entry. See J.A. 26–30. As the Board
first explained:
[T]he “packet-filtering device” is Sourcefire’s “3D
Sensor with IPS,” which communicates “packet
flow analysis data,” i.e., the packet log data
associated with each packet flow entry, when the
user clicks on a packet flow entry, and the
“computing device” to which the data is
Case: 24-1406 Document: 63 Page: 11 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 11
KEYSIGHT TECHNOLOGIES, INC.
“communicated” is the one displaying the web
interface.
J.A. 27. Next, the Board found that “Sourcefire describes
applying a refresh interval to ‘event views,’ which is a
category that includes the workflows that display the
packet flow entries.” J.A. 29 (citing J.A. 746; J.A. 636–37).
Ultimately, the Board found that Sourcefire’s “refresh will
update the flow log entry to reflect additional packets that
have been received and, thus, the update will be ‘based on’
those new packets.” J.A. 30. Fourth, the Board found that
Sourcefire discloses packet time data for packets
corresponding to the packet flow entry. J.A. 33. As the
Board explained, “[t]he ‘packet flow analysis data’ is the set
of packet log entries that are reflected in the flow log entry
(i.e., that data underlying the entry), and the packet log
entries include ‘time data.’” J.A. 33 (citing J.A. 953).
B. Macaulay
Published U.S. patent application No. 2015/0207809
(“Macaulay”), titled “System and Method for Generating
and Refining Cyber Threat Intelligence Data,” “relates
generally to communication networks and, more
particularly, to the generation and refinement of cyber
threat intelligence data in order to identify potentially
threatened assets.” J.A. 4045. Macaulay “discloses an
intelligence headquarters (‘IHQ’) in a carrier network that
‘produces refined cyber threat intelligence data pertaining
to particular instances of particular traffic attributes that
are indicative of a threat.’” J.A. 19 (citing J.A. 4047). “The
traffic attributes can include source and destination IP
addresses, autonomous system numbers, domain names,
source and destination ports, protocols, traffic flow rates
and volumes, and time-of-day patterns.” J.A. 19–20 (citing
J.A. 4047).
“Based on collected raw threat intelligence, the IHQ
produces comprehensive threat report 308, which is a table
of records.” J.A. 20 (citing J.A. 4051). “The records have
Case: 24-1406 Document: 63 Page: 12 Filed: 04/23/2026
12 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
fields that could include a particular instance of a traffic
attribute, an aggregation of all logged events pertaining to
the particular instance of the particular traffic attribute,
and a ‘reputation score’ indicative of the extent to which
the IHQ considers traffic characterized by that traffic
attribute to be compromised.” J.A. 20 (citing J.A. 4051).
“Macaulay discloses that the reputation score of a traffic
attribute can be impacted by several factors, such as ‘the
number of cyber threat intelligence sources that have
revealed the particular instance of the particular traffic
attribute as a potential threat,’ the origin of the threat
intelligence, ‘the number of logged events pertaining to the
particular instance of the particular traffic attribute,’ and
‘the amount of time elapsed since the particular instance of
the particular traffic attribute last appeared among the
raw cyber threat intelligence.’” J.A. 20–21 (citing
J.A. 4052).
STANDARD OF REVIEW
“Claim construction is ultimately a question of law,
decided de novo on review, as are the intrinsic-evidence
aspects of a claim-construction analysis.” Intel Corp. v.
Qualcomm Inc., 21 F.4th 801, 808 (Fed. Cir. 2021) (citation
omitted). However, “we review any underlying fact
findings about extrinsic evidence . . . for substantial-
evidence support when the appeal comes from the Board.”
Id.
“The ultimate question of obviousness is a legal
question that we review de novo with underlying factual
findings that we review for substantial evidence.” Roku,
Inc. v. Universal Elecs., Inc., 63 F.4th 1319, 1324 (Fed. Cir.
2023) (citation omitted). Those underlying factual findings
include “[w]hether a person of ordinary skill in the art
would have been motivated to modify or combine teachings
in the prior art, and whether he would have had a
reasonable expectation of success.” AliveCor, Inc. v. Apple
Case: 24-1406 Document: 63 Page: 13 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 13
KEYSIGHT TECHNOLOGIES, INC.
Inc., 130 F.4th 1006, 1014 (Fed. Cir. 2025) (alteration in
original and citation omitted).
“Substantial evidence is something less than the
weight of the evidence but more than a mere scintilla of
evidence.” In re Nuvasive, Inc., 842 F.3d 1376, 1379
(Fed. Cir. 2016) (quoting In re Kotzab, 217 F.3d 1365, 1369
(Fed. Cir. 2000)). The substantial evidence standard
“involves examination of the record as a whole, taking into
account evidence that both justifies and detracts from an
agency’s decision.” TQ Delta, LLC v. Cisco Sys., Inc.,
942 F.3d 1352, 1358 (Fed. Cir. 2019) (citation omitted).
However, “the possibility of drawing two inconsistent
conclusions from the evidence does not prevent an
administrative agency’s finding from being supported by
substantial evidence.” Consolo v. Fed. Mar. Comm’n,
383 U.S. 607, 620 (1966).
DISCUSSION
Centripetal raises two issues on appeal: first, whether
the Board erred in construing the term “packet flow”
because it misconstrued the term “packet flow entry”; and
second, whether the Board erred in determining that
claims of the ’917 Patent were obvious in light of Sourcefire
and Macaulay. On cross-appeal, Keysight also raises two
issues: first, whether the Board erred by construing
“responsive to” in claims 4 and 14 to require continuous
updating; and second, whether the Board erred in finding
claims 4 and 14 non-obvious.
Because we see no error in the Board’s claim
construction analysis and substantial evidence supports its
factual findings, we affirm as to claims 1–3, 5–13, and 15–
20. However, because the Board erred in its analysis of
claims 4 and 14, we reverse.
Case: 24-1406 Document: 63 Page: 14 Filed: 04/23/2026
14 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
I. Claim Construction
A. Notice
Centripetal argues the Board erred by construing a
term that the Parties had not briefed—“packet flow entry.”
Appellant Br. at 33. According to Centripetal, the Board
should have instead construed the term “packet flow,”
which it argues was “central to the scope of claims.”
Appellant Br. at 43. As Centripetal argues, because the
Board relied on “portions of the ’917 Patent [which] were
not mentioned once in the parties’ briefing on claim
construction or at the hearing before the Board,” it never
“had [the] opportunity to address an argument raised for
the first time by the Board about a term first put in issue
by the Board.” Appellant Br. at 44. Consequently,
Centripetal argues the Board’s decision to reach outside
the Parties’ dispute deprived it of “notice of the contested
claim construction issues and an opportunity to be heard.”
Appellant Br. at 44. We disagree.
“The critical question for compliance with the APA and
due process is whether [Centripetal] received ‘adequate
notice of the issues that would be considered, and
ultimately resolved, at that hearing.’” Genzyme
Therapeutic Prods. Ltd. P’ship v. Biomarin Pharm. Inc.,
825 F.3d 1360, 1367 (Fed. Cir. 2016). Although Centripetal
argues it only asked the Board to construe a single term,
“packet flow,” Appellant Br. at 42, Centripetal’s briefing
clearly put another term in dispute—“packet flow entry.”
In Centripetal’s response to the Board, it argued that the
term “packet flow” should be construed as “a connection
level state where packets are identified as being part of the
same connection between two endpoints.” J.A. 7244.
Based on this proposed construction, Centripetal asserted
that “the term ‘packet flow entry’ refers to an entry of
‘packet flow analysis data’ that represents ‘a connection
level state where packets are identified as being part of the
same connection between two endpoints.’” J.A. 7245.
Case: 24-1406 Document: 63 Page: 15 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 15
KEYSIGHT TECHNOLOGIES, INC.
Consequently, Centripetal cannot plausibly argue that it
lacked notice that the Board might construe “packet flow
entry” when it proffered a meaning of “packet flow entry”
based on its proposed construction of “packet flow.” See
J.A. 7244–45.
Moreover, the record further demonstrates that
Centripetal had notice and an opportunity to be heard
regarding the construction of “packet flow entry.” At the
hearing before the Board, Centripetal was explicitly asked
about “packet flow entry” and was given the chance to
respond to the Board’s questions regarding this term. See
J.A. 8488–90. Judge McNamara articulated a rationale for
declining to construe “packet flow” over “packet flow entry.”
See J.A. 8489. The relevant portion of this discussion is
reproduced below:
Judge McNamara: The claim doesn’t actually recite
a packet flow. It recites packet flow entries. And
then it says the packet flow analysis data
comprises data corresponding to a plurality of
packet flow entries. Why do I need to go beyond
what’s in the claim?
[Centripetal’s counsel]: Again, a packet flow entry
is an entry of packet flow. And an entry is
commonly understood as the act of storing or
recording an item. So you need to - -
Judge McNamara: No. A packet flow entry is
defined in the claim as consolidating a plurality of
packet log entries corresponding to a common
threat identifier. It’s very clear what packet flow
entries are.
[Centripetal’s counsel]: But it doesn’t change what
a packet - - you’re trying to change the definition of
a flow. A flow is still commonly - -
Judge McNamara: I’m not trying to change the
definition of a flow. What I’m trying to do is apply
Case: 24-1406 Document: 63 Page: 16 Filed: 04/23/2026
16 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
the words that are in front of me. The words in
front of me are packet flow analysis data and
packet flow entries.
J.A. 8489. Centripetal’s Opening Brief even concedes that
the focus of the hearing was on the meaning of “packet flow
entry.” Appellant Br. at 43 (“[T]he Board focused at the
hearing on the meaning of ‘packet flow entry.’”). While
Centripetal argues it only “asked the Board to construe a
single term,” Appellant Br. at 42, it was on notice that the
Board might construe packet flow entry based on the
hearing and the Parties’ discussion of the term, and “[t]he
Board may adopt a claim construction of a disputed term
that neither party proposes without running afoul of the
APA.” Google LLC v. EcoFactor, Inc., 92 F.4th 1049, 1057
(Fed. Cir. 2024).
Centripetal maintains that “the meaning of ‘packet
flow’ was the critical issue before the Board, and the Board
was required to resolve it.” Appellant Reply Br. at 6. We
conclude that the Board did resolve it. “The purpose of
claim construction is to resolve ‘disputed meanings and
technical scope, to clarify and when necessary to explain
what the patentee covered by the claims, for use in the
determination of infringement’ or invalidity.” Promptu
Sys. Corp. v. Comcast Corp., 92 F.4th 1372, 1380 (Fed. Cir.
2024) (citation omitted). “Accordingly, ‘only those terms
need be construed that are in controversy, and only to the
extent necessary to resolve the controversy.’” Id. (citation
omitted). Here, the Board resolved the controversy
regarding “packet flow” when it concluded that “nothing in
the patent . . . would limit ‘packet flow’ to packets that are
identified as part of the same connection between two
endpoints.” See J.A. 16. As we explain in detail below, that
was correct. However, because the question of obviousness
remained, the Board construed another term, packet flow
entry, which undoubtedly appears in the numerous claims
at issue and is material to the obviousness inquiry.
Accordingly, the Board did not deprive Centripetal of notice
Case: 24-1406 Document: 63 Page: 17 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 17
KEYSIGHT TECHNOLOGIES, INC.
of the contested claim construction issues or an opportunity
to be heard.
B. Substantive Construction
Centripetal argues the Board erred in its construction
of packet flow entry because its “analysis hinged on the
assumption that a ‘packet flow entry’ must contain
information for only a single ‘packet flow.’” Appellant Br.
at 45. Centripetal contends there is no support in the ’917
Patent for the Board’s assumption. Appellant Br. at 45.
According to Centripetal, “the Board’s failure to engage
with the intrinsic evidence is dispositive here because,
without a clear definition of ‘packet flow’ in the ’917 Patent,
the Board had no basis to reject its evidence about the
term’s ordinary meaning in the field of computer network
security.” Appellant Br. at 46 (cleaned up). We disagree
that the Board erred in construing packet flow entry.
“When construing claim terms, we first look to, and
primarily rely on, the intrinsic evidence, including the
claims themselves, the specification, and the prosecution
history of the patent, which is usually dispositive.”
Personalized Media Commc’ns, LLC v. Apple Inc., 952 F.3d
1336, 1340 (Fed. Cir. 2020) (citation omitted). We begin
our analysis with the claim language itself.
Claim 1 recites, in relevant part:
updating, by the packet-filtering device and based
on the packet log entry, a packet flow entry,
corresponding to the generated packet log entry, of
packet flow analysis data for a plurality of logged
packets, wherein the packet flow analysis data
comprises data corresponding to a plurality of
packet flow entries, and wherein each packet flow
entry consolidates a plurality of packet log entries
corresponding to a common threat identifier.
’917 Patent at Claim 1. While the claim language links
“packet flow entry,” to “packet log entries,” and further
Case: 24-1406 Document: 63 Page: 18 Filed: 04/23/2026
18 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
links it to a “common threat identifier,” see ’917 Patent
at Claim 1, it does not entirely resolve the proper meaning
of packet flow entry. Of note, while the claims of the ’917
Patent use the term “packet flow” as part of larger terms
(e.g., “packet flow entry,” “packet flow analysis data,” and
“packet flow log entry”), it never appears by itself in the
specification or claims, but “entry” does appear in the
specification.
Turning to the specification, the ’917 Patent uses the
term “entry” in two ways: (1) as an “entry” in a “log”
(basically a record in a dataset, such as Figure 5G’s packet
or flow log), see J.A. 76 (FIG. 5G), and (2) as an “entry” in
the interface (e.g., a row corresponding to a Threat ID), as
shown in Figure 6G, see J.A. 83 (FIG. 6G). Focusing on
Figure 6G’s interface, in the first “entry,” which is
associated with Threat1, it shows a total of nine packets
received. See ’917 Patent at FIG. 6G. For these nine
packets, the specification explains that they come from
three connections: (1) three packets between threat host
140 and host 144 (step 22), id. at col. 9, ll. 10–11, (2) three
packets between threat host 140 and host 112 (step 64),
and (3) three packets between threat host 140 and host 114
(step 64), id. at col. 15, ll. 19–21. This shows that when the
“entry in listing 606” that is “associated with Threat ID:
Threat1” is updated, at steps 29 and 68, the Threat_1
“entry” in Figure 6G represents a total of nine packets sent
in different connections between different endpoints. See
id. at col. 11, ll. 6–12; col. 15, l. 63–col. 16, l. 5.
Thus, “packet flow” itself cannot refer “to data packets
that are part of the same connection between two
endpoints,” as Centripetal argues, see Appellant Br. at 33,
because that construction fails to account for the six
packets received at step 64. “We normally do not interpret
claim terms in a way that excludes embodiments disclosed
in the specification.” Oatey Co. v. IPS Corp., 514 F.3d 1271,
1276 (Fed. Cir. 2008) (citations omitted). As explained
above, the “packet flow entry,” depicted in Figure 6G,
Case: 24-1406 Document: 63 Page: 19 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 19
KEYSIGHT TECHNOLOGIES, INC.
corresponds to packets in different connections between
different endpoints. As such, under de novo review, the
specification directs this Court to one reasonable outcome:
“packet flow entry” refers to an entry—including, in
particular, an entry in a user interface—that reflects a set
of packets with a common feature, such as a common threat
ID. To construe the term otherwise would run afoul of the
’917 Patent’s specification, which we will not do.
II. Obviousness
A. The Board’s Obviousness Determination as to
Independent Claims 1, 11, and 20 Is Supported by
Substantial Evidence2
Centripetal argues the Board erred, as to the
independent claims, because even accepting the Board’s
claim construction, Sourcefire does not disclose: (1) “packet
flow analysis data,” (2) a device that “updates” a “packet
flow entry,” and (3) packet time data that corresponds to
the packet flow entries. Appellant Br. at 52. We disagree.
Substantial evidence supports the Board’s obviousness
determination as to claim 1. As explained above, the Board
found, among other things, that Sourcefire discloses:
(1) packet flow analysis data, (2) a device that updates a
packet flow entry, and (3) packet time data that
corresponds to the packet flow entries. See supra
Background Section II.A. A review of the record, mainly
Sourcefire itself, shows that a reasonable factfinder could
have arrived at the same conclusion the Board did.
2 Because claims 11 and 20 are substantially similar
to claim 1, the Board did not independently analyze these
claims. J.A. 34. Instead, it adopted, and applied, its
reasoning for claim 1 to determine that Sourcefire teaches
or suggests all the limitations of claims 11 and 20, see
J.A. 34, and we do the same.
Case: 24-1406 Document: 63 Page: 20 Filed: 04/23/2026
20 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
While Centripetal argues that Sourcefire does not
disclose these three elements of the patented invention,
Appellant Br. at 52, its reasons as to why these elements
are not disclosed fail to persuade us that the Board’s
findings lack substantial evidence support, see generally
Appellant Br. at 52–64. Centripetal’s arguments ask this
Court to look at the evidence before the Board and draw a
contrary conclusion—that Sourcefire does not disclose
these elements. While a different conclusion may be
plausible, as noted above, “the possibility of drawing two
inconsistent conclusions from the evidence does not
prevent an administrative agency’s finding from being
supported by substantial evidence.” Consolo, 383 U.S.
at 620. Here, the Board adequately explained its rationale
throughout every part of its analysis and made express
findings of fact regarding claim 1, which are firmly
grounded in the record. As such, we see substantial
evidentiary support for the Board’s findings.
B. The Board’s Obviousness Determinations as to
Dependent Claims 2–3, 5–10, 12–13, and 15–19 Are
Supported by Substantial Evidence
Centripetal next argues the Board’s obviousness
determinations as to claims 2–3, 5–10, 12–13, and 15–19
were mistaken. Appellant Br. at 65. Again, we disagree.
For claims 2, 5, 12, and 15, Centripetal’s only argument is
that the Board’s decision should be reversed if we find the
Board erred as to claims 1, 11, and 20. Appellant Br. at
65–69. Because we concluded, above, substantial evidence
supports the Board’s findings with respect to claims 1, 11,
and 20, we decline to reverse the Board’s decision as to
claims 2, 5, 12, and 15. Thus, we turn our analysis to the
remaining dependent claims—claims 3, 6–10, 13, and 16–
19.
Starting with claims 3 and 13, Centripetal argues the
Board erred because it “did not grapple with the specific
limitations of these claims,” which “require a ‘time range’
Case: 24-1406 Document: 63 Page: 21 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 21
KEYSIGHT TECHNOLOGIES, INC.
for a ‘plurality of packet log entries,’ which includes both
an ‘earliest hit time’ and a ‘latest hit time’ for the full set.”
Appellant Br. at 66. According to Centripetal, “even if the
Board were correct that the disabled ‘time’ column in
Sourcefire is sufficient to disclose ‘packet time data,’ it
surely does not disclose the ‘time range’ required by these
claims.” Appellant Br. at 66–67. We disagree.
Substantial evidence supports the Board’s finding that
“Sourcefire teaches or suggests the time range of claims 3
and 13.” See J.A. 41. In reaching this finding, the Board
analyzed, and credited, Keysight’s position that “Sourcefire
discloses that flow data fields for drill-down pages in a
custom workflow may include fields such as a ‘first packet,’
which is ‘the date and time of the first packet of the session
was seen’ and a ‘last packet,’ which is ‘the date and time
the last packet of the session was seen,’” which is supported
by the cited declaration of Keysight’s expert, Dr. Staniford.
See J.A. 40–41 (citing J.A. 645). Although Centripetal’s
arguments on appeal cite the ’917 Patent for support, they
fail to address Sourcefire’s teachings or Keysight’s credited
explanation as to why Sourcefire discloses the time range
of these claims. See Appellant Br. at 65–67. As such,
substantial evidence—the declaration of Dr. Staniford and
Sourcefire—supports the Board’s finding. See J.A. 645
(citing J.A. 953–54).
For claims 6 and 16,3 Centripetal argues the Board
erred because it improperly reasoned “that a skilled
artisan would combine Sourcefire’s packet flow analysis
data with Macaulay’s reputation scores to render claims 6
and 16 obvious.” See Appellant Br. at 67. As Centripetal
3 In its Opening Brief, Centripetal asserts that
because claims 7–10 and 17–19 depend from claims 6 and
16, its reasoning as to why Sourcefire and Macaulay do not
render claims 6 and 16 obvious applies to those claims as
well. Appellant Br. at 68 n.2.
Case: 24-1406 Document: 63 Page: 22 Filed: 04/23/2026
22 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
argues, “because Sourcefire does not disclose the ‘packet
flow analysis data’ or ‘packet flow entry’ required by
Claims 6 and 16, Macaulay cannot supply what is missing.”
Appellant Br. at 68. We disagree. The record amply
supports the Board’s determination that claims 6 and 16
would have been obvious over the teachings of Sourcefire
and Macaulay. For instance, Keysight’s expert testified
extensively as to what Macaulay teaches and why a person
of ordinary skill in the art would have been motivated to
combine the teachings of Sourcefire and Macaulay. See
J.A. 651–63. Moreover, Centripetal’s argument—that
Sourcefire does not disclose packet flow analysis data or
packet flow entry—fails because, as explained above, the
Board’s finding that Sourcefire disclosed these elements is
supported by substantial evidence. See supra Discussion
Section II.A. Accordingly, we conclude that substantial
evidence supports the Board’s obviousness determinations
as to claims 2–3, 5–10, 12–13, and 15–19.
III. Cross-Appeal
On cross-appeal, Keysight argues the Board’s non-
obviousness determination, as to claims 4 and 14, should
be reversed because it erred by construing “responsive to”
in such a way as to conflict with the ’917 Patent and
“overlooked aspects of Sourcefire’s teachings that render
the claims obvious.” Cross-Appellant Br. at 70. Keysight
also argues that “the Board additionally erred by
discounting this Court’s prior finding that Sourcefire
teaches updating a packet flow log based on packet log
entries.”4 Cross-Appellant Br. at 80. We agree with
Keysight.
4 Because we ultimately conclude that the Board
committed reversible error, we decline to reach the
question of whether collateral estoppel applies to claims 4
and 14.
Case: 24-1406 Document: 63 Page: 23 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 23
KEYSIGHT TECHNOLOGIES, INC.
Substantial evidence does not support the Board’s
findings that Sourcefire fails to disclose: (1) an “existing
flow log entry”; (2) updating flow log entries “responsive to
a determination that each packet corresponds to one or
more packet-filtering rules”; and (3) modifying the existing
packet flow log entry “to indicate one or more
corresponding packet-filtering rules” and whether the
packet-filtering device “prevented each packet from
continuing.” See J.A. 38–39.
First, the Board’s finding that Sourcefire fails to
disclose an “existing flow log entry,” J.A. 38, is not
supported by substantial evidence. In making this finding,
the Board rejected Keysight’s argument that its annotated
screenshot (Figure D) shows how Sourcefire “generates a
packet-flow log entry, which consolidates, compresses, or
summarizes the entries in the packet-log for display on the
interface.” See J.A. 37–38. In so doing, the Board found
that the “entries [in Figure D] are generated on the fly in
response to the user clicking on the entry for one of the
ports on the preceding screen.” J.A. 38. The Board
reasoned, “Figure D may show an ‘entry’ in the interface,
but [Keysight] has not shown how or why it could be an
‘existing flow log entry.’” J.A. 38. Keysight argues the
Board erred because the Sourcefire pages it cites in support
of its finding do not state or otherwise disclose that the
entries in Figure D are generated “on the fly.” See Cross-
Appellant Br. at 76. We agree.
The Board cited to two pages from Sourcefire in
support of its finding, explaining that Sourcefire (1) shows
“a drill-down page with the number of events generated for
each destination port” and (2) explains that “[w]hen you
‘drill-down’ to find more information for one or more
destination ports, you automatically select those events
and the next page in the workflow [i.e., Figure D] appears.”
J.A. 38 (alterations in original). However, the record
contains no “generated on the fly” language besides the
Board’s own statement. Further, as Keysight argues, and
Case: 24-1406 Document: 63 Page: 24 Filed: 04/23/2026
24 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
we agree, Sourcefire discloses that “drill-down pages are
populated with a subset of columns available in the
database.” Cross-Appellant Br. at 76 (citing J.A. 2246).
Because of this, Keysight argues that “an existing column
in the database includes the ‘count,’ and, therefore, the
packet flow log entry that is used to update the packet flow
entry in the interface.” Cross-Appellant Br. at 76.
In addition, the Board’s reasoning as to why Sourcefire
does not disclose an “existing flow log entry” is contrary to
its prior factfinding. For claim 1, the Board found that
“[Sourcefire’s] refresh will update the flow log entry to
reflect additional packets that have been received, and
thus, the update will be ‘based on’ those new packets.”
J.A. 30. Thus, it logically follows that if Sourcefire can
update a flow log entry, then the flow log entry must
already be in existence. Otherwise, there would be no
entry in the flow log to update.
As such, we conclude that the Board’s finding—that
Sourcefire does not disclose an existing flow log entry—is
unsupported by substantial evidence. TQ Delta, 942 F.3d
at 1358 (explaining the substantial evidence standard
“involves examination of the record as a whole, taking into
account evidence that both justifies and detracts from an
agency’s decision” (citation omitted)).
Second, substantial evidence does not support the
Board’s finding that, even if the entries in Figure D
constituted flow log entries, Sourcefire does not disclose
they are updated “responsive to a determination that each
packet corresponds to one or more packet-filtering rules.”
See J.A. 38–39. As the Board explained, “[i]n Sourcefire,
updating happens in response to a user clicking on an item
to create a new view or at the expiration of the refresh
interval,” which “is different than what is described in the
’917 patent, where the packet-filtering device continuously
updates the flow log to reflect how packets are being
handled.” J.A. 38. However, the language of claims 4 and
Case: 24-1406 Document: 63 Page: 25 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 25
KEYSIGHT TECHNOLOGIES, INC.
14 do not require continuous updates, nor do they exclude
a user selection or a refresh interval. See ’917 Patent
at Claim 4, Claim 14.
Although the Board cited language from the
specification as support for its finding, see J.A. 38–39, that
verbiage does not support reading “continuously” into the
claims. The cited specification language recites:
For example, . . . packet-filtering device 144 may
generate entries in packet log 502 for each of the
packets received in step 64 while modifying an
entry in flow log 504 for the packets received in step
61 based on the entries generated in packet log 502.
J.A. 38–39 (citing ’917 Patent at col. 15, ll. 30–41). This
language neither contains the restrictive language
imputed by the Board, nor does it disclose that updating
occurs continuously or immediately after the packet-
filtering device determines that received packets trigger a
rule. As Keysight argues, the specification instead
“discloses intervening steps occurring between packets
triggering a rule and the packet-filtering device modifying
an entry in the flow log to reflect the triggering packets
[(e.g., the flow log entry is not modified to account for the
packets received at step 61 until step 65)].” Cross-
Appellant Br. at 72. We agree.
Moreover, while the Board tried to align its analysis of
claim 1 with its analysis of claims 4 and 14, an error is still
present. Specifically, the Board noted “that Sourcefire’s
refreshing is sufficient for claim 1 because that claim’s
‘updating’ need only be ‘based on the packet log entry,’ not
‘responsive to a determination that each packet
corresponds to one or more packet-filtering rules.’” J.A. 39
n.12. We disagree, and to the contrary: we see no
meaningful distinction between “based on the packet log
entry” and “responsive to a determination that each packet
corresponds to one or more packet-filtering rules.” It
logically follows that if packets are never logged, then there
Case: 24-1406 Document: 63 Page: 26 Filed: 04/23/2026
26 CENTRIPETAL NETWORKS, LLC v.
KEYSIGHT TECHNOLOGIES, INC.
would never be a “modifying” that occurs “responsive to a
determination that each packet corresponds to one or more
packet-filtering rules.” See ’917 Patent at Claim 4. As
such, the Board’s finding is not supported by substantial
evidence.
Third, the Board’s finding that Sourcefire does not
disclose modifying an existing packet flow log entry “to
indicate one or more corresponding packet-filtering rules”
and whether the device “prevented each packet from
continuing,” see J.A. 39, is also unsupported by substantial
evidence. Here, the Board asserted that “[t]he only
modification [Keysight] identifies concerns a change to the
number of packets for each type of event,” but Keysight
does not explain how that shows “a modification ‘to indicate
one or more corresponding packet-filtering rules’ or about
whether ‘the packet-filtering device prevented each packet
from continuing.’” J.A. 39 (emphasis omitted). As Keysight
argues, its petition explained how Sourcefire discloses
these elements. Cross-Appellant Br. at 79 (citing J.A. 221–
22). We agree with Keysight. Keysight’s petition explicitly
referenced Figure D and explained how the detailed
portions of the interface met these elements of claims 4 and
14, and it provided evidentiary support from Sourcefire and
the declaration of its expert. See J.A. 220–22. A review of
this evidence shows that the Board’s finding lacks
substantial evidence support. Accordingly, we reverse as
to claims 4 and 14. See Corning v. Fast Felt Corp., 873 F.3d
896, 901–02 (Fed. Cir. 2017) (explaining that reversal is
warranted where only one answer is supported by
substantial evidence and there is neither a request nor an
apparent reason to grant a second record-making
opportunity).
CONCLUSION
We have considered Centripetal’s remaining
arguments but do not find them persuasive. For the
foregoing reasons, we affirm the Board’s obviousness
Case: 24-1406 Document: 63 Page: 27 Filed: 04/23/2026
CENTRIPETAL NETWORKS, LLC v. 27
KEYSIGHT TECHNOLOGIES, INC.
determinations as to claims 1–3, 5–13, and 15–20. In light
of Keysight’s cross-appeal, we reverse the Board’s non-
obviousness determination as to claims 4 and 14.
AFFIRMED IN PART, REVERSED IN PART
COSTS
No costs.
Named provisions
Mentioned entities
Citations
Related changes
Get daily alerts for Federal Circuit Opinions
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from Federal Circuit.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when Federal Circuit Opinions publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.