Finjan, Inc. v. Sophos, Inc.

ORDER RE POST-TRIAL MOTIONS

INTRODUCTION

. In this patent case, plaintiff Finjan, Inc. (“Finjan”) accuses Sophos, Inc. (“Sophos”) of infringing five of Finjan’s patents in the malware security software space. Following a two week trial, a jury found that Sophos infringed all five of Finjan’s asserted patents and awarded damages of $15 million for the life of the patents. The *1024 parties have filed five post-trial motions: Finjan filed a Motion for Attorneys’ Fees and Costs, a Motion for a New Trial, or in the Alternative, Remittitur, and a Motion to Amend the Judgment and for an Injunction; and, Sophos filed a Renewed Motion for Judgment as a Matter of Law and a Motion for a Partial Judgment and Finding of Fact. All five motions are DENIED, with the exception that Finjan’s request for Pre- and Posi>-Judgment Interest is GRANTED. Pre- and Post-Judgment interest will be awarded at the treasury bill rate.

MOTION FOR ATTORNEYS’ FEES

BACKGROUND

Finjan moves for Attorneys’ Fees and Costs under 35 U.S.C. § 285 of the Patent Act, which permits courts to award attorneys’ fees in “exceptional cases.” Finjan asserts that this is an “exceptional case” because Sophos: (1) pursued…