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Finjan, Inc.. v. ESET, LLC

Appellant Finjan, Inc. appeals the U.S. District Court for the Southern District of California’s grant of summary judgment of invalidity. The district court construed the claim term “Downloadable” in the asserted patents to be restricted to “small” executable or interpretable application programs based on the definition of “Downloadable” provided by a patent in the same family that was incorporated by reference into the asserted patents. The district court determined that the asserted claims were indefinite and thus invalid. We reverse the district court’s claim construction, vacate its grant of summary judgment, and remand for further proceedings.

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