Federal Circuit Affirms Finjan’s Patents are Valid and Pioneering
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January 10, 2018
Opinion Remands Damages to District Court
EAST PALO ALTO, Calif., Jan. 10, 2018 (GLOBE NEWSWIRE) -- Finjan Holdings, Inc. (NASDAQ:FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. (“Finjan”) today announced that in Finjan’s patent infringement suit against Blue Coat Systems, Inc. (5:13-cv-03999-BLF, "Blue Coat I") the United States Court of Appeals for the Federal Circuit (Case No. 2016-2520, “Federal Circuit”) issued its decision (“the Opinion”) as follows:
• Finjan’s U.S. Patent No. 6,154,844 (the "'844 Patent"):
Confirmed valid and infringed
Recognized Finjan’s behavior-based technology as pioneering
Remanded damages to District Court
• Finjan’s U.S. Patent Nos. 6,804,780 (the "'780 Patent"), 7,418,731 (the "'731 Patent"), and 7,647,633 (the "'633 Patent"):
Affirmed patents infringed
Affirmed damages totaling $7.8M
• Finjan’s U.S. Patent No. 6,965,968 (the "'968 Patent"):
Reversed finding of infringement and $7.8M in related damages
“Finjan is pleased with the Federal Circuit’s decision affirming validity of our asserted patents, and, notably, its recognition that the ‘844 behavior-based invention ‘was pioneered by Finjan,’” said Julie Mar-Spinola, CIPO of Finjan Holdings. “Significantly, this Opinion should end any further challenges to the validity of the ‘844 Patent.”
U.S. District Court, Northern District of California (“the Court”)
Retrial of Finjan, Inc. v. Blue Coat Systems Inc. (5:15-cv-03295-BLF, "Blue Coat II") commenced on January 8, 2018, on liability issues not present in the Blue Coat I case, including additional damages and willful infringement. As a result of the Federal Circuit Opinion, the Honorable Beth Labson Freeman declared a mistrial this morning. A new trial date on liability is set for February 12, 2018. A second, combined new trial on damages for Blue Coat I, and damages and willfulness for Blue Coat II, is set for December 10, 2018.
“We appreciate the Court’s decision to declare a mistrial this morning,” continued Julie Mar-Spinola. “We look forward to retrying the liability (infringement) phase of the dispute on February 12, 2018, and having a clean slate for trying damages and willful infringement against Blue Coat on December 10, 2018.”
Upcoming District Court Dates for Blue Coat
• February 12, 2018:
New Jury trial on additional liability issues related to Finjan’s ‘844 and U.S. Patent No. 8,677,494 (the "'494 Patent")
‘494 Patent, issues not present in the Blue Coat I
• December 10, 2018:
New jury trial on damages and willfulness related to the original ‘844 infringement from Blue Coat I and Blue Coat II
Finjan has pending infringement lawsuits and appeals against Symantec Corp., Palo Alto Networks, Blue Coat Systems, Inc., ESET and its affiliates, Cisco Systems, Inc., Sonicwall, Inc., Bitdefender and its affiliates, and Juniper Networks, relating to, collectively, more than 20 patents in the Finjan portfolio. The court dockets for the foregoing cases are publicly available on the Public Access to Court Electronic Records (PACER) website, www.pacer.gov, which is operated by the Administrative Office of the U.S. Courts.
