Wednesday, January 10, 2018 9:59:23 AM
“That Blue Coat did not design around ... patents for which it had already been assessed lump sum damages is not evidence of willfulness.”
Finjan attorneys should EASILY make the point that the second lawsuit was filed BEFORE the jury award in the first one! The infringing Blue Coat products were released BEFORE they could have believed they had a lifetime license from the previous case. If they botch that simple point again then I believe they are on the take and got paid off to throw the case. Not accusing... just pointing out how EASILY they can overcome that weak argument.
I can kind of answer the question on how long the trial should take. It is on the docket through Friday the 19th. I don't think it will take that long. This case was fit into an existing calendar so it won't be all day sessions. Today and Friday are exclusive days and I believe most of the trial will be done this week. I think it goes to jury by Wednesday of next week... maybe sooner.
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