Cisco filed their answer yesterday to the Finjan complaint.
This is why you don't poke a sleeping bear. I just read all 22 pages. Unlike most of the other litigants, Cisco shows they have competent counsel that raises NUMEROUS issues that will incur a huge cost of litigation and probably stretch things out at least 5 years.
One thing Cisco alleged dozens of times in the answer is this:
Cisco denies the allegations set forth in Paragraph 115 of the Complaint, and specifically states that Finjan’s allegations, in addition to containing false statements, are in direct breach of the Mutual Non-Disclosure Agreement dated March 21, 2014.
Cisco goes on to make a counterclaim based on the breach of this agreement:
The Agreement states: “[t]he parties agree that neither disclosing party’s disclosure to
receiving party of any Property Information during the Discussion Period, nor receiving party’s
possession of such Proprietary Information pursuant to this Agreement and resulting from a
disclosure during the Discussion Period, shall constitute, or be used by disclosing party or any third
party as evidence in any legal action either to prove or disprove the validity, notice, or an accusation
of infringement of any intellectual property rights for any purpose, including without limitation for
the purpose of . . . pursuing . . . enhanced damages due to alleged willful infringement.”
Finjan breached the Agreement by using and publicly disclosing Proprietary
Information exchanged under the Agreement to support allegations in its Complaint that Finjan is
entitled to enhanced damages due to alleged willful infringement by Cisco, including at least in
Paragraphs 9, 57-58, 72-73, 88-89, 103-104, and 114-15 of the Complaint.
Finjan’s breach of the Agreement will substantially complicate the litigation of the
claims in Finjan’s Complaint. For example, Finjan’s allegations of willfulness are based on an entire
course of disclosures and discussions that is substantially based on Proprietary Information.
And on and on. This one is going to get messy and now that Cisco has claimed Finjan breached their agreement and the answer is filed... watch for the 1.6M share dump.
