Apportionment Must Reflect No More Than Invention's Incremental Value

The US Court of Appeals for the Federal Circuit reinforced its guidance on infringement damages, remanding in part a jury's award for further consideration of the proper apportionment. Finjan, Inc. v. Blue Coat Systems, Inc., Case No. 16-2520 (Fed. Cir., Jan. 10, 2018) (Dyk, J).

Finjan sued Blue Coat Systems for infringing four malware identification and protection patents. A jury found that Blue Coat infringed the patents, and awarded $39.5 million in reasonable royalty damages. Blue Coat appealed.

The Federal Circuit affirmed the jury's infringement finding for two of the three patents appealed, but concluded that Blue Coat was entitled to judgment as a matter of law of non-infringement for the third patent.