Daralyn Wins Motion for Mistrial after Mark's Victory at Federal Circuit

January 11, 2018

In an appeal from a patent infringement dispute between Finjan and firm client Blue Coat that Mark took over from prior counsel, the Federal Circuit ruled that plaintiff Finjan's royalty base was "plucked from thin air," reversing a $24 million jury award on that patent as well as finding an additional patent not to be infringed.  The same day, Daralyn was defending Blue Coat in a jury trial over additional claims of infringement in which she secured a mistrial on the theory that the Federal Circuit's opinion vitiated the damages theories put forth by Finjan and there was no rational way to unring all of the bells that had been rung.  A retrial on liability is scheduled for February and a consolidated trial on damages for both cases is set for next December.  Check out a full report in today's edition of The Recorder.