Finjan Holdings Inc (FNJN)

[lbcb123]

There is usually a delay of a day or two in filing the daily minutes for the trial. Don't know what happened yesterday.

This shouldn't require so many notes and read-backs. My guess would be they have some wannabe engineer on the jury that lives in mommy's basement and is liking the attention and wants to stretch this out.

Once again, only requires a preponderance of the evidence. More likely than not. 51% likely. It appears one or more might be getting in the weeds and trying to prove infringement to an unwarranted degree. It doesn't require beyond a reasonable doubt. This should be a slam dunk to find more likely than not for infringement and it shouldn't take this long to determine damages.

It is "better" if the jury decides, but don't forget each side has their JMOL motions in. I believe that motion hearing is on November 27th. Judge Freeman has seen many hours of Finjan v. Blue Coat evidence through the years and I believe she would grant a Judgment as a Matter of Law (directed verdict). The only problem with that is it is unlikely she would find for willful infringement on her own. We need the jury to recommend willful infringement and then the judge will maybe concur. The jury is not the final word as most think. A judge likes to let the decision of a "reasonable" jury stand, but always has the right to completely ignore their decisions and rule totally base on the JMOL motions.