On>July 3, 2019, Finjan Holdings, Inc. (the “Company”) and its wholly-owned subsidiary, Finjan, Inc. (“Finjan”), announced that the United States Court of Appeals for the Federal Circuit (CAFC) issued an Opinion on July 2, 2019, regarding Finjan’s U.S. Patent No. 8,677,494 (“the ‘494 Patent”), captioned>Finjan, Inc. v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Case No. 2017-2543, 2017-2623. The decision “arises from the consolidated appeals of three>inter partes>reviews of the ‘494 Patent,” originally petitioned by Symantec Corp., Blue Coat Systems LLC, and Palo Alto Networks, Inc. Symantec and Blue Coat terminated their petitions upon entering into a patent license with Finjan, leaving Palo Alto Network’s (PAN’s) petition. Director Iancu intervened on behalf of the PTAB.

Specifically, on April 11, 2017, the PTAB determined that PAN failed to establish that system claims 10, 11, and 15 are unpatentable, that the ‘494 Patent was entitled to a 1997 priority date, and that method claims 1, 2, and 6 are unpatentable over prior art. PAN appealed the PTAB’s decision on patentability of system claims 10, 11 and 15 as well, as the priority date of the ‘494 Patent, and Finjan cross-appealed the PTAB’s findings that method claims 1, 2 and 6 were unpatentable. The CAFC affirmed the findings of the PTAB. Further, on PAN’s appeal of the ‘494 priority date, the CAFC held that the “1997 priority date is not relevant to the grounds on which the Board instituted”. PAN also argued for the first time at oral argument that the CAFC should remand to the PTAB under SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018), which requires the PTAB to consider all petitioned claims and challenges, but the Court rejected the argument and found that PAN “has waived any request for SAS-based relief.”

A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information in this current report on Form 8-K and the exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.

Item 9.01. Financial Statements and Exhibits

FINJAN HOLDINGS, INC. Exhibit
EX-99.1 2 exhibit991070319.htm EXHIBIT 99.1 Exhibit  Exhibit 99.1Federal Circuit Affirms PTAB’s Finding of Patentability of Claims 10,…
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