Judge Freeman declared a mistrial on the second Finjan v. Blue Coat matter (“Blue Coat II”).
In her order, Judge Freeman bifurcates the case and sets the infringement trial for February, and sets the damages trial for December.
It is unclear whether she will allow new reports on damages. The CAFC opinion appears to disagree with the use of the $8 figure (which is used as a “reasonableness” check in Blue Coat II). And the CAFC opinion also appears to disagree with the use of prior verdict royalty rates (which is relied on in Blue Coat II, as well).