Oops . . . and Another Boot

January 10, 2024

Late last year, Northern District of California Judge James Donato posted a minute order apologizing “for the misunderstanding with respect to the claim construction briefing” in one of the longest-running patent cases in the country. In 2014, Finjan, Inc. filed suit against Palo Alto Networks as part of its sole litigation campaign, over a subset of its portfolio of anti-malware patents. After reassignment in 2021 from former Chief Judge Phyllis J. Hamilton (who took senior status), the claim construction hearing in this case was set for October 13, 2021 and then for April 11, June 1, September 7, and October 25 in 2023. It was reset again, for January 18, 2024, but that date was also canceled because the court believed Finjan had missed the deadline to file an opening brief. The apparent disconnect here arose because that brief was filed nowhere close to the six-weeks prior mark—it was filed roughly 120 weeks ago.

Subscription Required

This content requires a subscription to view

  • Over 7,000 news articles covering new patent cases, key policy decisions, and USPTO assignments
  • Advanced custom alerts for campaigns and entities
  • Proprietary litigation timelines
  • Full access to Federal Circuit, PTAB, and ITC dockets
  • Judge, venue, and law firm analytics