Jury delivers partial verdict in Finjan-Blue Coat II patent case

Dana Rao

Finjan Holdings, a cybersecurity company, said that the jury in Finjan, Inc. v. Blue Coat Systems Inc. (5:15-cv-03295-BLF, “Blue Coat II”) resulted in a mixed verdict.

Significantly, the jury could not achieve a unanimous decision on two patents, namely US Patent Nos. 6,154,844 and 8,677,494 (the “‘844 Patent” and “‘494 Patent”), which will be retried by no later than January 8, according to the Court. On retrial, Finjan will seek approximately $46M in damages (as was sought in the present case), for Blue Coat’s infringement of the ‘494 and the ‘844 Patents. In addition, Finjan will continue to seek a finding of willful infringement, and recovery of enhanced damages and attorneys’ fees.

“We believe the retrial will be held quickly and will not last longer than one week,” said Julie Mar-Spinola, Finjan’s CIPO. “The streamlining of the issues, focused entirely on Blue Coat’s cloud-based infringement, gives us a strong advantage of retrying our case without technical confusion and by simplifying our damages case to a new jury.”

On the remainder of the verdict, the jury decided in Finjan’s favor, finding that Blue Coat infringed US Patent Nos. 7,418,731 and the 6,965,968 (the “‘731 Patent” and the “‘968 Patent”), awarding Finjan approximately $500,000 in damages. Lastly, the jury found US Patents Nos. 8,225,408 and the 9,189,621 (the “‘408 Patent” and the “‘621 Patent”) to not be infringed. Blue Coat did not challenge the validity of any of the asserted patents.

Finjan has pending infringement lawsuits and appeals against FireEye, Inc., 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.