Finjan, Inc. v. Blue Coat Systems, Inc. (No. 2016-2520, 1/10/18) (Dyk, Linn, Hughes)
January 10, 2018 2:08 PM
Dyk, J. Affirming finding that software claims were directed to patent-eligible subject matter, affirming jury verdict of infringement of two patents, reversing verdict of infringement of a third patent, and remanding on damages where there was a failure to apportion and the awarded reasonable royalty was not supported by substantial evidence. With respect to apportionment, plaintiff's attempt to apportion based on “smallest, identifiable technological component” of larger system was insufficient where component covered features other than the claimed method. Royalty rate of $8 a unit was unsupported by substantial evidence where based only on conclusory statement of licensing executive. A remand was proper to determine whether Finjan had waived right to damages based on alternative theories.
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