Finjan LLC v. ESET, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 FINJAN LLC, Case No.: 17-cv-183-CAB-BGS

Plaintiff,

ORDER DENYING MOTION FOR

v. ATTORNEYS FEES

ESET, LLC, et al,

Defendants. [Doc. No. 1026] 19 Originally filed in 2016, this case was “exceptional” in many ways. However, the Court declines to find it exceptional pursuant to 35 U.S.C. § 285 and grant an award of attorney fees. I. INTRODUCTION This case was heavily litigated by both parties in seven years of litigation. Finjan filed this case against ESET, LLC and ESET, Spol. S.R.O. (collectively “ESET”) in 2016 alleging willful infringement of six patents related to complicated anti-malware source code. An initial trial on five patents commenced in early March 2020. That trial was 28 abruptly terminated due to the COVID-19 pandemic, and the Court declared a mistrial for the public health and safety of the jury, witnesses, and litigants. [Doc. No. 783]. This case…