On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to virus-scanning downloadable app code for known and suspected malware. As construed, the invention claims novel behavioral-based analysis of source code to identify; detection of potentially dangerous files results in creation of a new file attached to the app code which is then evaluated by the destination computer to determine whether to allow the app to be downloaded.
Steve Holtshouser
Steve is a trial and appellate lawyer who concentrates his practice in the area of federal patent litigation. In addition, his litigation experience extends to protecting other key drivers of business success, including trademarks, trade secrets, cyber security and confidential information. Steve further relies on his background as an Assistant U.S. Attorney to practice in the area of white collar criminal defense, responding to government inquiries and conducting internal investigations.