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.
ABOUT FINJANEstablished more
than 20 years ago, Finjan is a globally recognized leader in
cybersecurity. Finjan’s inventions are embedded within a strong
portfolio of patents focusing on software and hardware technologies
capable of proactively detecting previously unknown and emerging
threats on a real-time, behavior-based basis. Finjan continues to
grow through investments in innovation, strategic acquisitions, and
partnerships promoting economic advancement and job creation. For
more information, please visit www.finjan.com.
Follow Finjan Holdings, Inc.:
Twitter: @FinjanHoldings
LinkedIn: linkedin.com/company/finjanFacebook: facebook.com/FinjanHoldings
Cautionary Note Regarding Forward-Looking
StatementsExcept for historical information, the matters
set forth herein that are forward-looking statements involve
certain risks and uncertainties that could cause actual results to
differ. Potential risks and uncertainties include, but are not
limited to, Finjan’s expectations and beliefs regarding Finjan’s
licensing program, the outcome of pending or future enforcement
actions, the granting of Inter Partes Review (IPR) of our patents
or an unfavorable determination pursuant to an IPR or other
challenges at the USPTO of our patents, the enforceability of our
patents, the cost of litigation, timing of redemption of shares of
preferred stock, the unpredictability of our cash flows, our
ability to expand our technology and patent portfolio, the
continued use of our technologies in the market, our stock price,
changes in the trading market for our securities, regulatory
developments, general economic and market conditions, the market
acceptance and successful business, technical and economic
implementation of Finjan Holdings' intended operational plan; and
the other risk factors set forth from time to time in our filings
with the SEC, including our Annual Report on Form 10-K for the year
ended December 31, 2016, and the Company's periodic filings with
the SEC, copies of which are available free of charge at the SEC's
website at www.sec.gov or upon request from Finjan
Holdings, Inc. All forward-looking statements herein reflect our
opinions only as of the date of this release. These statements are
not guarantees of future performance and actual results could
differ materially from our current expectations. Finjan Holdings
undertakes no obligation, and expressly disclaims any obligation,
to update forward-looking statements herein in light of new
information or future events.
Investor Contact:Vanessa Winter
| Director of Investor Relations, Finjan HoldingsValter Pinto |
KCSA Strategic Communications(650) 282-3245 |
investors@finjan.com
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