Finjan Holdings Inc. (FNJN), the cybersecurity licensing company run by CEO Phil Hartstein, said today it filed a patent infringement lawsuit on Friday, Oct. 14 in District Court in Dusseldorf, Germany against the German subsidiary of Blue Coat Systems Inc., the third action filed by Finjan against Blue Coat.
The enforcement action was filed against Blue Coat’s its subsidiary, Blue Coat Systems GmbH located in Munich, Germany. The complaint alleges Blue Coat Systems GmbH infringes Finjan's European patent EP 0 965 094 B1. The company may be hoping that injunctive relief, which is more available in Germany than in the U.S., may pressure Blue Coat to settle in the wake of the $39.5 million award Finjan won earlier this year.
East Palo Alto, California-based Finjan said it also filed a preliminary injunction in a related enforcement action against Blue Coat filed on July 28 in U.S. District Court in San Jose, California before Judge Beth Labson Freeman. That trial is expected to start on Nov. 10.
Both moves are designed to put more pressure on Blue Coat to settle in the wake of the award Finjan won earlier this year and upheld by Judge Freeman in July. Blue Coat is appealing the award.
"The impetus for our third suit against Blue Coat and its subsidiary, Blue Coat GmbH, is that we believe that they continue to infringe other patents in our portfolio, including Finjan's European patent, even after we obtained a $39.5M jury verdict and judgment against Blue Coat for infringement last August,” Hartstein said in a statement.
“We have essentially two options when dealing with an unwilling licensee -- seek the courts' assistance to enforce our patents on the merits, or abandon those patent rights. For Finjan, the latter is simply not an option."
Finjan has pending infringement lawsuits against FireEye, Inc., Symantec Corp., Palo Alto Networks, and ESET and its affiliates relating to, collectively, more than 20 patents in the Finjan portfolio.
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