Monday, November 20, 2017 9:20:04 AM
The point I am trying to make is even if their decision isn't everything we want, Judge Freeman has already stated on the record that Finjan "is likely to prevail" in this case and she has the option to overrule the jury. Both sides have filed JMOL motions. Basically, Finjan says that the facts of the case are so clear that any reasonable jury must find in their favor and asks the judge to render a "Judgment as a Matter of Law" in their favor. Blue Coat says that the facts are clear that the burden of proof was not met and a decision should be made in their favor. These motions will be ruled on November 27th.
The jury has their opinion and the judge always has the discretion to overrule them if a motion is filed asking them to.
It is ridiculous that it takes a jury longer to deliberate than the length of time it took to present the case! Judge Freeman will have no problem taking any ruling from them with skepticism under these circumstances, but they will still have their say.
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