Court Allows Finjan to Amend Complaint Against Sophos to Include Allegations of Willful Infringement
Trial Scheduled to Begin September 2016
E. Palo Alto, CA – 12/2/15 -- Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, announced that on November 13, 2015, in Finjan, Inc. v. Sophos, Inc., (14-cv-01197-WHO), the Honorable William H. Orrick granted Finjan’s motion to amend its complaint for patent infringement against Sophos to add allegations of willful infringement of U.S. Patent Nos. 6,804,780 (the “‘780 Patent”) and 6,154,844 (the “‘844 Patent” without changing the Court’s scheduled trial start date in September, 2016.
The Court referred to Finjan’s allegations that, while reviewing Sophos’ source code, Finjan discovered that Sophos had pre-suit knowledge of Finjan’s patents. Further, the Court is “satisfied that the inference [that Sophos had knowledge … of the underlying patents] is plausible … not ‘mere speculation’.”
“Finjan’s objective is to resolve our patent dispute with Sophos efficiently and amicably, however Sophos has chosen to ignore our claims. This ruling is significant to our current suit against Sophos, as we believe that it clearly raises the stakes for Sophos and exposes them to up to treble damages,” stated Julie Mar-Spinola, Finjan’s CIPO and VP of Legal. “Although litigation is subject to inherent uncertainties, when viewed in light of the Court’s March 2, 2015 Claim Construction Order, which adopted all five of Finjan’s interpretations of disputed claim elements, and the US Patent Office, Patent Trial and Appeal Board’s September 24, 2015, denial of Sophos’ petitions for inter partes review of the validity of two of Finjan’s asserted patents, namely US Patent Nos. 8,677,494, and 7,613,926, we believe that we are in a good position to prevail on our asserted claims at trial,” continued Ms. Mar-Spinola.
ABOUT FINJAN
Established nearly 20 years ago, Finjan is a globally recognized leader in cybersecurity. Finjan’s inventions are embedded within a strong portfolio of patents focusing on software and hardware technologies capable of proactively detecting previously unknown and emerging threats on a real-time, behavior-based basis. Finjan continues to grow through investments in innovation, strategic acquisitions, and partnerships promoting economic advancement and job creation. For more information, please visit www.finjan.com.
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