Finjan, LLC v. Qualys Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FINJAN, INC., Case No. 18-cv-07229-YGR (TSH)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. No. 100 QUALYS INC., Defendant.

12 Finjan seeks financial information concerning foreign sales of the accused Qualys products. To determine if this information is relevant, we have to start with the basics. 35 U.S.C. § 271(a) states that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” (emphasis added). Section 271(a)’s reach is limited to activity within the United States, as “no infringement occurs when a patented product is made and sold in another country.” Microsoft Corp. v. AT&T Corp., 550 U.S. 437, 441 (2007).1 “Thus, while U.S. patent law allows for ‘damages adequate to compensate for the infringement,’ there is no compensation for a defendant’s foreign exploitation…