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Finjan, Inc. v. Secure Computing Corp Patent Infringement

Finjan, Inc. v. Secure Computing Corp patent infringement case was presented before the United States Court of Appeals for Federal Circuit in 2010. It involved proactive scanning techniques for ensuring computer security.

Finjan, Inc. is a company that provides security solutions to enterprise web. It sued the Secure Computing Corp, Webwasher AG and Cyberguard Corp for infringing three patents in the US. These are the patent number 6,092,194, number 6,804,780 and number 7,058,822. In counterclaim, the defenders accused Finjan for infringing two patents of in the US. These are the patent number 6,357,010 and number 7,185,361.

According to the Jury who presided over the case, these patents were valid. Finjan had not infringed any of the Proofreading-Editingpatents of the defendants. However, defendants had infringed on all patents asserted in the Finjan claims. As such, Finjan was awarded damaged worth $9.18 million by the district court under 35 U.S.C 284. A permanent injunction was also issued against defendants.

After passing the verdict, defendants appealed for both damages and infringement. On the other hand, Finjan appealed the damage ruling by the district court. Finjan claimed that it should be awarded more damages for duration between post-judgment and the pre-injunction.

In the case, Finjan had three patents that were related to the proactive scanning technology. These technologies were used in detecting and defeating previously unknown computer threats on the internet. These patents were as follows:

  • 194 Patent: This included the method claims, storage medium, and system claims that could compromise receiving and comparing steps for downloadable and protection downloadable execution for the purpose of detecting and preventing threats.
  • 780 Patent: It included system, storage medium and method claims. It also covered caching or identification of downloadable files that had been encountered previously.
  • 822 Patent: This included the system and method claims. It also addressed sandboxing of downloadable items that were potentially dangerous with a protective code.

After hearing appeals from the two sides, the Federal Circuit decision was mixed up. This is because method claims are difficult to determine since they might require performance of some functionalities to find infringement. In regards to infringements, Federal Circuit affirmed infringement of the storage medium and system patent of Finjan by Secure Computing. However, it reversed infringement of method claim of Finjan.

In regards to the damages award, Federal Circuit affirmed the $9.18 damages awarded to Finjan and also remanded the district court to conduct extra assessment for additional damages between post-judgment and the pre-injunction 8duration.

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