S.D. Cal. Indefiniteness Order Ripples Through Finjan’s N.D. Cal. Case Against Cisco

May 9, 2021

Northern California District Judge Beth Labson Freeman has granted a joint request to sever and stay litigation as to three of the five patents that Finjan Holdings, Inc. has accused Cisco of infringing since January 2017. The order also “terminates” without prejudice a Cisco motion for invalidity of those patents, based on the application of collateral estoppel to an order from the Southern District of California case filed by Finjan against ESET that invalidated as indefinite five of the six anti-malware patents there in suit. Finjan has sought reconsideration of that SoCal order. Meanwhile, trial between Finjan and Cisco over the two remaining patents is set to begin up north on June 4, 2021.

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