The Patent Trial and Appeal Board has been called a patent “death squad.” But Finjan Holdings Inc. has turned the board into a life squad for its patents. Eight times last year competitors challenged the validity of the security software company’s patents, and eight times the PTAB—notwithstanding its petitioner-friendly reputation—rejected the challenges. Finjan’s had success in court, too, winning a $40 million infringement verdict against Blue Coat Systems Inc. in August and beating back its Section 101 motion after trial. Chief IP Officer Julie Mar-Spinola says the results show that, even in patent litigation, a forthright approach can be profitable.
Your CEO Phil Harstein has tried to differentiate Finjan from non-practicing entities that fire a shotgun of litigation with a goal of low-cost settlements. Do you think the results you’ve been getting validate that? When I joined the company in 2013 I was sensitive to the issue. Finjan didn’t make products, so what did this company do? Did they fall into the category of what I call patent abuser? Not all NPEs are patent abusers, or what some people prefer to call trolls. I wanted to know because I have always had a pretty good reputation in the professional space.
