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Posts Tagged: "Blue Coat"

Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the the claims were found to be directed to a non-abstract improvement in computer functionality, not an abstract concept of computer security. Nevertheless, the Federal Circuit said the jury verdict of infringement relative to the ’968 patent should be set aside because there is no evidence that the accused product includes a feature claimed in the patent. Several errors were identified with respect to the royalty calculation of the ‘844 patent, which the Federal Circuit remanded to the trial court for further consideration. For the ’731 and ’633 patents, Finjan’s expert did apportion the revenues comprising the royalty base between infringing and non-infringing functionality of Proxy SG. The jury’s damages awards for infringement of these two patents were affirmed.

Federal Circuit says Finjan virus-screening method not abstract, is patent eligible

In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the district court. Notably, however, the Federal Circuit found no error in the district court’s subject matter eligibility determination, meaning the claims of Finjan’s ‘844 patent were patent eligible under 35 U.S.C. 101. Perhaps more remarkable, the claims of the ‘844 patent relate to virus-screening and were determined to be not abstract. Still more remarkable, the author of this Federal Circuit decision was Judge Dyk, who is not know as a zealous advocate for software patent eligibility.

Finjan loses part $40M in Reasonable Royalty Award in Blue Coat case at the Federal Circuit

The Federal Circuit decided that Finjan had not presented substantial evidence that Blue Coat infringed the ‘968 patent. The court also agreed with Blue Coat that Finjan failed to apportion damages awarded for the ‘844 patent to the infringing functionality… This finding by the Federal Circuit reverses $7.8 million in damages related to infringement of the ‘968 patent awarded in district court. The Federal Circuit ruling on apportionment of damages awarded for the ‘844 patent will also cut into the largest portion of Finjan’s damages award.

PTAB refuses to institute harassing IPR challenges against Finjan

Recently the Patent Trial and Appeal Board (Board) at the United States Patent and Trademark Office (USPTO) denied institution in two separate inter partes review (IPR) challenges. Both IPR petitions were filed by Blue Coat Systems, LLC, against Finjan, Inc. In both instances the Board found that the Blue Coat IPR petitions were harassing and denied institution… These two decisions could mark a turning point in the maturation of the Board. At least several patent owners, including Finjan, are routinely subject to serial, harassing IPR challenges. The Patent Office doing something about harassing IPR challenges is long overdue.