In a 2006 lawsuit, Finjan accused Secure Computing of infringing patents for thwarting hostile downloads. In March 2008, a federal jury in Delaware awarded Finjan $9 million in damages. Secure Computing was bought in November 2008 by McAfee, which reported sales of $1.6 billion in 2008.
The jury ruled that patents owned by Finjan, a company based in Netanya, Israel, were intentionally infringed, and according to an opinion by U.S. District Judge Gregory M. Sleet, Finjan has suffered irreparable harm and deserves 50 percent more in enhanced damages, wrote in an made public today.
Sleet also wrote that the evidence suggests that Secure knew or should have known that it was likely infringing Finjan’s patents, and the damages are warranted, given Secure’s considerable size and relatively healthy financial condition. Furthermore, the damage figure isn’t final, pending calculation of interest and additional infringing product sales, according to Sleet.
Finjan Chief Executive Officer Gadi Maier said the company was pleased with the ruling.
“The product we sell today has been redesigned” and the injunction “will have no impact on our ability to continue selling this product,” McAfee spokesman Joris Evers said in an e-mailed statement. “McAfee intends to appeal this ruling.”
The case is Finjan Software Ltd. v. Secure Computing Corp., 06CV369-GMS, U.S. District Court, District of Delaware (Wilmington).