Finjan Files a Complaint Against Rapid7 for Patent Infringement

Finjan Holdings (NASDAQ:FNJN) announced that it has filed a patent infringement lawsuit against Rapid7 in the U.S. District Court for the District of Delaware.

Finjan, a cybersecurity company said that the step was taken after two years of efforts to resolve the dispute with Rapid7.

As quoted in the press release:

Finjan filed the Complaint (Case No. 1-18-cv-01519), on October 1, 2018, and alleges that Rapid7’s products and services infringe at least seven U.S. Finjan patents. Specifically, Finjan asserts that Rapid7’s InsightIDR, InsightVM (Nexpose), InsightAppSec, AppSpider, Metasploit and Komand technologies, including Rapid7 Insight Platform products (collectively “Accused Products”) infringe U.S. Patent Nos. 7,613,918, 7,757,289, 7,975,305, 8,079,086, 8,141,154, 8,225,408 and 8,677,494 (collectively “Asserted Patents”). Finjan is seeking, among other things, a jury trial, past damages not less than a reasonable royalty, enhanced damages for willful, wanton and deliberate infringement, and reasonable attorneys’ fees and costs for infringement of each of the Asserted Patents, as well as preliminary and permanent injunctive relief against Rapid7 and those in privity with them, from infringing and inducing the infringement of the ‘305, ‘408, ‘289 and ‘154 Patents.

“Since 2014, Finjan has been committed to our Best Practices, which are posted on our website along with a list of our patents, all of which serve to inform players in the security space of our patent rights and how we intend to preserve the value of our patents,” stated Julie Mar-Spinola, CIPO and VP, Legal Operations for the Finjan companies. “Time and again the Federal Circuit, District Courts, and the USPTO, including its Patent Trial and Appeal Board, have validated the enforceability of Finjan’s patents, which have generated licensing and settlement fees of more the $350M to date. It is perplexing, at best, to understand why a prospective licensee would rather ignore our efforts to negotiate a fair valued license and choose the costlier risk of a patent lawsuit with Finjan.”

Finjan has pending infringement lawsuits and appeals against Palo Alto Networks, ESET and its affiliates, Cisco Systems, Inc., SonicWall, Inc., Bitdefender and its affiliates, Juniper Networks, Zscaler, Inc. and Check Point 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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