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Finjan's Patent Portfolio Well-Positioned For Upcoming CasesEAST PALO ALTO, Calif., Sept. 09, 2019 (GLOBE NEWSWIRE) -- Finjan Holdings, Inc. (NASDAQ:FNJN), a pioneer in cybersecurity, and its subsidiary, Finjan, Inc., have been building momentum for its upcoming cases with a number of positive outcomes from the district courts and the USPTO’s PTAB over recent years, which speak to the merits of the cases. While the company has an outstanding track record of defending its patents through a number of challenges proving both the value and durability of its portfolio, not every challenge can be won. Today the company offers its view on the recent Court of Appeals for the Federal Circuit (“Federal Circuit”) decision on Finjan, Inc.’s U.S. Patent No. 7,975,305 (“the ’305 Patent”). On September 6, 2019, the Federal Circuit summarily affirmed without opinion the U.S. Patent and Trademark Office, Patent Trial and Appeal Board’s (“PTAB”) decision (Reexamination No. 90/013,660) that Claims 1, 2, 5, and 13 (the “Claims-at-Issue”) of the ‘305 Patent are unpatentable in light of certain prior art. The ‘305 Patent remains valid and enforceable as to 21 undisputed claims. Significantly, the following ‘305 patent claims are asserted and pending against the following parties:
“We are disappointed that the Federal Circuit rendered its decision and without guidance under Rule 36,” said Julie Mar-Spinola, Finjan’s Chief IP Officer. “The lack of information in the decision, such as identifying the Claims-at-Issue, caused unnecessary confusion and concern to our valued shareholders and media who interpreted the decision as invalidating our ‘305 Patent in its entirety instead of just the four of the 25 claims.” This is not the first time the ‘305 Patent was challenged, albeit with a slightly different result. In January of this year, defendant ESET sought inter parties review of all 25 clims of the ‘305 Patent, citing different prior art. The PTAB found in Finjan’s favor and determined that all Claims were patentable. “Finjan joins the multitude of patent owners who seek improved predictability (if not clarity) with respect to their patent rights and query: At what point in the life and expense of their granted patents does the presumption of validity become absolute validity?” continued Ms. Mar-Spinola. “The import of this question goes directly to how the current patent system that allows multiple attacks on enforceable patents and erodes the value of a patent from an economic standpoint, which goes directly to the origins and policy behind of the creation of the patent right under Article I, Section 8 of the Constitution, which sought to protect the promotion of the sciences and useful arts to bolster the U.S. economy.” Because Finjan is a significant stakeholder in the U.S. Patent system, it will remain committed to enforcing its patent rights on the merits and, mindful of the functions of the USPTO as described on the USPTO website, that states in part: “The role of the USPTO is to grant patents for the protection of inventions and to register trademarks. It serves the interests of inventors and businesses with respect to their inventions and corporate products, and service identifications,” Finjan supports Director Iancu in his efforts to progressively bring predictability and a level playing field for all Patent stakeholders. ABOUT FINJAN Cautionary Note Regarding Forward-Looking Statements Investor Contact: |