As Finjan Sees Setbacks, Delaware District Court Rules That Another Fortress NPE Must Face License Defense

August 8, 2021

Two NPEs controlled by Fortress Investment Group LLC have seen unfavorable rulings in recent weeks. In late July, Finjan Holdings, Inc.—acquired by Fortress last summer—was hit with $5.9M in attorney fees due to “improper” conduct in its case against Juniper Networks. Meanwhile, a related dispute is proceeding in Delaware in the campaign waged by Fortress subsidiary VLSI Technology LLC, over arguments by Intel that its existing license with Finjan that covers Finjan “affiliates” now encompasses VLSI, as VLSI allegedly became such an affiliate when Fortress purchased Finjan. In January, Intel asserted those claims in a still-active lawsuit filed in the Delaware Court of Chancery. That same issue will now be litigated in VLSI’s Delaware District Court suit against Intel as well, following the court’s July decision to allow Intel to amend its answer to include a license defense.

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