Tuesday, December 18, 2018 10:06:29 AM
It didn't mention anything about the effort to declare Finjan a NPE. They never had to get that far as they ruled non-infringement.
"Judge Alsup will rule on whether claim 10 of the '494 patent is eligible for protection in light of the U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International , which said that abstract ideas implemented using a computer are not patent-eligible. But in a telephone interview with Law360, an attorney for Juniper expressed uncertainty about whether the judge would rule on that issue, given that the jury had found there was no infringement."
Excellent point. They may have dodged a bullet by the non-infringement verdict. If infringement were found, this judge may very well have tossed Claim 10 of the '494.
Finjan would be foolish to appeal as it would open that issue again.
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