The Patent Trial and Appeal Board denied Sophos Inc.’s petitions for inter partes review of two patents of eight patents at issue in a infringement action filed by Finjan Holdings Inc. (FNJN) against Sophos.
The patents at issue in the denied petitions were U.S. Patent No. 8,677,494, entitled "Malicious Mobile Code Runtime Monitoring System and Methods," with docket number IPR2015-01022 and U.S. Patent No. 7,613,926, entitled ”Method and System for Protecting a Computer and a Network from Hostile Downloadables," with docket number IPR2015-00907.
Finjan filed the underlying infringement action in March of 2014 in U.S. District Court in the Northern District of California alleging infringement of the two patents as well as U.S. Patent Nos. 6,154,844, 6,804,780, 7,613,918, 7,757,289, 8,141,154, and 8,566,850.
The action asserts infringement against Sophos through the manufacture, use, importation, sale, and/or offer for sale of its products and services, including but not limited to End User Protection Suites, Endpoint Antivirus, Endpoint Antivirus – Cloud, Sophos Cloud, Unified Threat Management, Next-Gen Firewall, Secure Web Gateway, Secure Email Gateway, Web Application Firewall, Network Storage Antivirus, Virtualization Security, SharePoint Security, Secure VPN, Secure Wi-Fi and Server Security.
“The PTAB's decision to deny Sophos' IPR petitions against Finjan's '494 and '926 patents, further bolsters the strength and value of our IP assets," said Julie Mar-Spinola, Finjan’s chief intellectual property officer and vice president of legal in a statement. “We are confident in the merits of our patent claims against Sophos and will continue to vigorously and fairly pursue them in accordance with our licensing best practices.”
Finjan said in both petitions, the PTAB showed deference to recent decisions in the district court actions noting on several occasions they were not persuaded to modify definitions of claim terms as requested by Sophos nor any combinations of art references presented.
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