Slam dunk for Finjan at Markman (claims construction) hearing against Symantec! The 31 page court document filed yesterday is extraordinary. Finjan had everything handed to them so they can prove the infringement just as they have done in multiple other cases. It begins with this quote from the judge:
"For the first time the Court can recall in any of its patent cases, the parties have failed to reach agreement as to the construction of even one initially disputed claim term."
With that said, Symantec did not win on A SINGLE TERM in having their definition used in the court case. I'm not going to teach you the entire process in a single post, but suffice it to say this is an amazing, one-sided win for Finjan on setting the ground rules for the trial. The claim construction hearing is the roadmap for a company to prove their case and it couldn't have been better for Finjan.
It is time for Symantec to do a grand settlement and put all three lawsuits behind them. They could conceivably lose $100M ($300M if willful infringement) just on the Symantec case, alone. They already admitted in their latest filing they will probably have to pay Finjan over $40M by the end of this year. With $100M, Finjan can expedite the growth of Finjan Mobile and be well on their way to one billion dollar market cap with an awesome product that just needs exposure to command meaningful market share.
