Finjan and Juniper Network Heading to Mini-Trial

Finjan Holdings (NASDAQ:FNJN) announced that its subsidiary Finjan and Juniper Network will head to trail on December 10, 2018 for the company’s claims of patent infringement against Juniper Network.

As quoted in the press release:

The Court ordered a jury trial limited to four issues raised in Finjan’s Motion: (1) whether the Accused Products meet the database limitation of Claim 10; (2) Juniper’s Section 101 invalidity defense; (3) Juniper’s Section 287 defense on damages; and (4) the extent of Finjan’s damages resulting from Juniper’s infringement. The jury trial is scheduled for December 10, 2018 (Docket No. 193).

On June 7, 2018, Finjan filed a Motion for Summary Judgment of Infringement of Claim 10 of U.S. Patent No., 8,677,494 (the “’494 Patent”) (“Finjan’s Motion”) by Juniper’s SRX Gateway network appliances and Sky ATP cloud-based scanning systems (the “Accused Products”). At issue was whether the Accused Products embodied all the claim limitations of Claim 10 of the ‘494 Patent, namely, a receiver, a scanner, a list of suspicious computer operations, a database manager, and a database. Juniper opposed Finjan’s Motion on three grounds: (1) non-infringement; (2) invalidity based on unpatentable subject matter and indefiniteness; and (3) Finjan’s failure to mark (i.e., notice of infringement).

On August 31, 2018, the Court entered its order on Finjan’s Motion titled, “Order Granting in Part Early Motion for Summary Judgment on ‘494 Patent” (Docket No. 189), as follows:

On the issue of infringement, the Court found that there was no dispute of material facts that the Accused Products met the list of suspicious computer operations, scanner, and database manager limitations. The Court, however, determined that factual disputes exist on whether the Accused Products comprised a database. The parties did not dispute the existence of a receiver. On the issue of invalidity, the Court rejected Juniper’s “indefiniteness” contention, and reserved for trial on whether Claim 10 of the ‘494 Patent comprises patent eligible subject matter. Lastly, on the issue of notice and damages under Section 287 (Marking) requirements, the Court deferred the issue for a jury to decide.

Finjan also has pending infringement lawsuits against Palo Alto Networks, ESET and its affiliates, Cisco Systems, Inc., Sonicwall, Inc., Bitdefender and its affiliates, Zscaler, Inc. and Checkpoint and its affiliates, 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.

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