In Finjan, Inc. v. Symantec Corp. et al., C.A. No. 10-593-GMS (D. Del. Sept. 19, 2013), Chief Judge Gregory M. Sleet denied several post-trial motions. Following a thirteen-day jury trial in December 2012, the jury returned “a unanimous verdict in favor of each of the defendants on the issues of infringement with respect to each asserted claims on the patents-in-suit,” U.S. Patent Nos. 6,480,962 and 6,092,194. Id. at 1-2. The jury additionally found “that the asserted claims of the patents -in-suit were invalid due to obviousness and anticipation.” Id. at 2. During the trial, defendants and plaintiff had moved for judgment as matter of law (“JMOL”) on numerous grounds pursuant to Fed. R. Civ. P. 50(a), and the court denied all of those motions. Id. at 1. After the trial, plaintiff filed renewed motions for JMOL, and, in the alternative, moved the court for a new trial. Judge Sleet first denied plaintiff’s renewed motions for JMOL with respect to invaldity, finding that defendants introduced substantial evidence sufficient to support a jury verdict of invalidity on the grounds of obviousness and anticipation. Judge Sleet similarly denied plaintiff’s renewed motions for JMOL with respect to the jury’s verdict of non-infringement. Judge Sleet additionally denied plaintiff’s alternative motion for a new trial.
Judge Sleet also denied one defendant’s motion for attorney’s fees. Judge Sleet noted, among other things, that “this case does not rise to a level of bad faith or vexatious litigation that warrants an award of attorney fees and costs.” Id. at 83. He similarly noted that “[f]or the most part, the parties defended their respective positions throughout this litigation in apparent good faith and the court does not find evidence in the record sufficient to support the assertion that [plaintiff] acted in subjective bad faith or conducted litigation in a manner warranting attorney fees.” Id. at 83.