UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
____________________
FORM 8-K
____________________
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of Earliest Event Reported): January 14, 2016
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FINJAN HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
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|
| | |
Delaware | 000-33304 | 20-4075963 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| | |
| 2000 University Avenue, Suite 600, East Palo Alto, CA | 94303 |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: 650-282-3228
(Former name or former address, if changed since last report)
____________________
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01. Other Events.
On January 14, 2016, Finjan Holdings, Inc. (the “Company”) issued a press release announcing that the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) denied six of Symantec Corporation’s petitions for Inter Partes Review (IPR) of five asserted Finjan patents. Two of the rejected petitions were directed against Finjan’s U.S. Patent No.7,756,996 (‘996 Patent), while the four remaining rejected petitions were directed against Finjan’s U.S. Patent Nos. 8,141,154 (‘154 Patent), 8,015,182 (‘182 Patent), 7,930,299 (‘299 Patent) and 7,757,289 (‘289 Patent). The patent lawsuit filed by Finjan, Inc. in July of 2014 (CAND-3-14-cv-02998) against Symantec is expected to continue with these and three additional asserted Finjan patents, as originally filed. The other Finjan patents in the litigation are U.S. Patent Nos. 6,154,844 (‘844 Patent), 7,613,926 (‘926 Patent), and 8,677,494 (‘494 Patent).
The rejection of Symantec’s IPR petitions follows the PTAB’s September 2015 rejections of two IPR petitions by Sophos Ltd. against Finjan’s ‘494 and ‘926 Patents.
A copy of the press release is attached hereto as Exhibit 99.1and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits
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| | |
Exhibit No. | | Description |
99.1 | | Press Release, dated January 14, 2016, entitled “US Patent Office Rejects Review on Six of Symantec’s Petitions for Inter Partes Review Challenging Five of Finjan's Patents Asserted Against Symantec.” |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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| FINJAN HOLDINGS, INC. |
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Date: January 19, 2016 | By: | /s/ Philip Hartstein |
| | Philip Hartstein |
| | President & Chief Executive Officer |
US Patent Office Rejects Review on Six of Symantec’s Petitions for Inter Partes Review Challenging Five of Finjan's Patents Asserted Against Symantec
EAST PALO ALTO, CA – 01/14/16 -- Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, [subsidiary Finjan, Inc.] today announced that the Patent Trial and Appeal Board (PTAB) for the United States Patent & Trademark Office (USPTO) denied six of Symantec Corporations petitions for Inter Partes Review (IPR) of Finjan patents with two serial petitions denied on 7,756,996 (‘996 Patent), and further denials on Finjan’s patents 8,141,154 (‘154 Patent), 8,015,182 (‘182 Patent), 7,930,299 (‘299 Patent) and 7,757,289 (‘289 Patent). The patent lawsuit filed in July of 2014 (CAND-3-14-cv-02998) against Symantec will continue with these and three other Finjan patents, as originally filed. The other Finjan patents in the litigation include, US Patent Nos. 6,154,844, 7,613,926, and 8,677,494.
“This is an unprecedented response by the US Patent Office, today denying the institution of six IPRs and all challenged claims filed by Symantec in response to our lawsuit filed against it in 2014,” stated Phil Hartstein, President and CEO of Finjan.
IPR2015-01548 (‘182 Patent): DENIED
IPR2015-01547 (‘154 Patent): DENIED
IPR2015-01552 (‘289 Patent): DENIED
IPR2105-01549 (‘299 Patent): DENIED
IRP2015-01546 (‘996 Patent): DENIED
IPR2015-01545 (‘996 Patent): DENIED
“Following the recent denials to institute the IPRs filed by Sophos, this is the eighth consecutive denial of IPR challenges against Finjan’s patents. This reinforces the value of the technology covered by our patents and our fervent commitment to winning on the merits,” concluded Hartstein.
Finjan also has pending infringement lawsuits against FireEye, Inc., Proofpoint Inc., Sophos, Inc., Palo Alto Networks, Inc., and Blue Coat Systems, Inc. relating to, collectively, more than 20 patents in the Finjan portfolio. The court dockets for the foregoing cases are publicly available on the Public Access to Court Electronic Records (PACER) website, www.pacer.gov, which is operated by the Administrative Office of the U.S. Courts.
Cautionary Note Regarding Forward-Looking Statements
Except for historical information, the matters set forth herein that are forward-looking statements involve certain risks and uncertainties that could cause actual results to differ. Potential risks and uncertainties include, but are not limited to, Finjan’s expectations and beliefs regarding Finjan’s licensing program, the outcome of pending or future enforcement actions, the granting of Inter Partes Review (IPR) of our patents or an unfavorable determination pursuant to an IPR or other challenges at the USPTO of our patents, the enforceability of our patents, our ability to expand our technology and patent portfolio, the continued use of our technologies in the market, our stock price, changes in the trading market for our securities, regulatory developments, general economic and market conditions, the market acceptance and successful business, technical and economic implementation of Finjan Holdings' intended operational plan; and the other risk factors set forth from time to time in our filings with the SEC, including our Annual Report on Form 10-K for the year ended December 31, 2014, and the Company's periodic filings with the SEC, copies of which are available free of charge at the SEC's website at www.sec.gov or upon request from Finjan Holdings, Inc. All forward-looking statements herein reflect our opinions only as of the date of this release. These statements are not guarantees of future performance and actual results could differ materially from our current expectations. Finjan Holdings undertakes no obligation, and expressly disclaims any obligation, to update forward-looking statements herein in light of new information or future events.
Media Contact:
Nicholas Gaffney | Zumado Public Relations
(415) 732-7801 | ngaffney@zumado.com
Investor Contact:
Vanessa Winter | Finjan
Alan Sheinwald or Valter Pinto | Capital Markets Group LLC
(650) 282-3245 | investors@finjan.com
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