Quarterly report pursuant to Section 13 or 15(d)

COMMITMENTS AND CONTINGENCIES

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COMMITMENTS AND CONTINGENCIES
9 Months Ended
Sep. 30, 2017
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES
COMMITMENTS AND CONTINGENCIES

Operating Leases
 
The following table sets forth the Company’s aggregate future minimum payments under its operating lease commitments as of September 30, 2017 (in thousands): 
For the year ending December 31,
 
2017 (remaining three months)
$
172

2018
459

 
$
631


 
The Company accounts for its leases under the straight-line method of accounting. Deferred rent payable was $41,000 and $69,000 as of September 30, 2017 and December 31, 2016, respectively, and is included in non current liabilities on the condensed consolidated balance sheets.

Rent expense was $197,000 and $573,000 for the three and nine months ended September 30, 2017, respectively, and $188,000 and $586,000 for the three and nine months ended September 30, 2016, respectively.

Rental income was $89,000 and $267,000 for the three and nine months ended September 30, 2017, respectively, and $88,000 and $260,000 for the three and nine months ended September 30, 2016, respectively.

Sublease income is recorded as a reduction in rental expense. Future minimum lease payments to be received under the sublease agreements as of September 30, 2017 are as follows (in thousands):
For the year ending December 31,
New York
 
Menlo Park
 
Total
2017 (remaining three months)
$
42

 
$
33

 
$
75

2018
127

 

 
127

 
$
169

 
$
33

 
202


  
Capital Commitments
 
On November 21, 2013, the Company made a $5.0 million commitment to invest in JVP VII Cyber Strategic Partners, L.P. (the “JVP Fund”), an Israel-based limited partnership venture capital fund seeking to invest in early-stage cyber technology companies. If and when the Company funds the entire amount of the investment, it will be less than a 10% limited partnership interest in which the Company will not be able to exercise control over the fund. Accordingly, the Company has accounted for this investment under the cost method of accounting.

On June 8, 2015, the Company received a cash distribution of $0.8 million as a portion of a gross entitlement of $1.3 million from its investment in the JVP Fund, the remainder $0.5 million was reinvested in the fund. Along with its cash investments of $2.3 million, it represents a total investment of $2.6 million, net of $0.13 million distribution received from JVP Fund as of March 31, 2017, the distribution is a portion of the proceeds allocated to the Company's investment. As of September 30, 2017, the Company has a $2.7 million outstanding capital commitment to the venture capital fund, which can be called any time.

Contractual Commitments

Finjan Mobile

On April 21, 2017, the Company and Finjan Mobile, a wholly-owned subsidiary of the Company, entered into a Confidential Avira VPN Platform Distribution Agreement (the “Distribution Agreement”) with Avira, Inc., a Delaware corporation (“Avira”). Pursuant to the Distribution Agreement, Avira will provide its Virtual Private Network (“VPN”) platform and technical support (“VPN Platform”) to Finjan Mobile, and Finjan Mobile will utilize the VPN Platform as part of its Vital Security™ suite of product offerings. Avira also granted Finjan Mobile related license rights in connection with the Distribution Agreement and starting July 1, 2017, Finjan Mobile will pay Avira $3.9 million in fees under the Distribution Agreement, payable in 12 quarterly installments of $325,000 over the next 3 years. The Company has analyzed the terms of the agreement and has accounted for the transaction as a service agreement, to be expensed over the service period. As of September 30, 2017, the Company has a $3.6 million contractual obligation due over the next 11 quarters.

Finjan Blue

The Company and Finjan Blue entered into a Patent Assignment and Support Agreement (the “Patent Assignment Agreement”) with IBM effective as of August 24, 2017. Pursuant to the Patent Assignment Agreement, Finjan Blue acquired select IBM patents in the security sector (the “IBM Security Patents”) in exchange for $8.5 million cash, payable as follows: (i) $2.0 million upon execution of the Patent Assignment Agreement and (ii) $6.5 million over the subsequent four years. The Company’s initial $2.0 million payment was made on August 24, 2017. For the three and nine months ended September 30, 2017, the Company recorded $0.2 million in amortization of these intangible assets. There were no similar expenses in 2016. In accordance with ASC 350-30-35-2 through 35-4, Intangibles-Goodwill and Other, the Company determined that the useful life of the patents acquired under the Patent Assignment and Support Agreement should be amortized is the four year term of the agreement. These costs are pre-revenue and charged to selling, general and administrative expenses accordingly.

IBM will support Finjan Blue in its development and licensing of the IBM Security Patents and provide assistance for such efforts as needed for the term of the Agreement and Finjan Blue will reimburse IBM for reasonable time and out of pocket costs for such assistance, however IBM will not receive further proceeds from such efforts. IBM does have reservation of rights with respect to the IBM Security Patents for its current licensees and open source initiatives.