News
Finjan Seeks Injunctions, Enhanced Damages and Attorney Fees against Secure Computing
March 2008 by Marc Jacob
Finjan Inc filed several motions with the District Court of Delaware regarding its recent trial victory against Secure Computing, the company announced. On March 12, 2008, a jury unanimously found that Secure Computing and two of its affiliates, Cyberguard and Webwasher, infringed three of Finjan’s U.S. patents relating to proactive security. The jury also unanimously found that Secure Computing’s infringement was willful. At the same time, the jury held that Finjan has not infringed and is not infringing the two Secure Computing’s patents which were asserted against Finjan in the case.
Based on this overwhelming trial win, Finjan has requested that the Court issue a permanent injunction preventing Secure Computing from continuing to sell products which the jury had ruled infringed Finjan’s patents. As the jury ruled that Secure Computing’s infringement was willful, Finjan is also seeking enhanced damages up to three times the amount the jury awarded, as well as attorneys’ fees, court costs and pre- and post-judgment interest.
The jury awarded Finjan past damages in the amount of 16% royalty rate for Webwasher software, 8% royalty rate for Webwasher appliances, and 8% for the Cyberguard TSP appliances. The total amount of past damages based on what was available to the jury ($49 million of software and $16.75 million of hardware) totaled $9.18 million. These damages did not include sales of the Webwasher products after September 9, 2007, and sales of the Cyberguard TSP appliance after June 2006. With these motions, Finjan is requesting the Court to include an accounting of infringing sales not considered by or available to the jury.
