Collateral Estoppel Results In Summary Judgment On
Priority Date, Finjan, Inc. v. Proofpoint, Inc., et
al., Case No. 13-cv-05808 (Judge Haywood Stirling
Gilliam, Jr.)
How does an accused infringer use a patentee's prior $40
million infringement win against the patentee? Defendant Proofpoint
bolstered its invalidity position by successfully moving to limit
patentee Finjan to a later priority date for one of its patents,
based on the findings from a related bench trial that otherwise
produced a favorable ruling for Finjan.
Although Judge Gilliam's order is heavily redacted and
involved several issues, it is worth highlighting the public
details surrounding his finding that Finjan was collaterally
estopped from asserting an earlier priority date for one of the
asserted patents. Proofpoint moved for summary judgment that Finjan
was stuck with a 1997 priority date for that asserted patent, based
on collateral estoppel arising from the outcome of Finjan's
prior case
