`
`
`
`
`Exhibit 3
`
`
`
`
`Case 3:17-cv-05659-WHA Document 152-3 Filed 07/12/18 Page 2 of 3
`
`Trials@uspto.gov
`571-272-7822
`
`
`Paper 7
`Date: April 21, 2016
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner
`________________
`
`Case IPR2016-00165
`Patent 6,804,780 B1
`________________
`
`
`Before THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 152-3 Filed 07/12/18 Page 3 of 3
`
`Case IPR2016-00165
`Patent 6,804,780 B1
`
`
`
`2. “Downloadable” (all claims)
`As noted supra, the ʼ780 patent defines this term as “an executable
`application program, which is downloaded from a source computer and run
`on the destination computer.” Ex. 1001, col. 1, ll. 50–53. We determine,
`therefore, that no further construction is needed.
`3. “Downloadable ID” (all claims)
`Petitioner proposes that this term means “one or more hash values that
`collectively identify a Downloadable and its fetched software components.”
`Pet. 13 (emphases added). Patent Owner contends that this construction is
`incorrect because it “improperly narrows” the term. Prelim. Resp. 13.
`According to Patent Owner, the plain and ordinary meaning should apply.
`Id.
`
`We agree that Petitioner’s proposed construction should not be
`adopted. The construction is not consistent with the patent specification. In
`the ʼ780 patent a single hash value is used to identify a Downloadable. Ex.
`1001, col. 9, ll. 65–67 (“The ID generator 315 in step 840 performs a
`hashing function on at least a portion of the Downloadable code to generate
`a Downloadable ID.”) (emphasis added). Petitioner provides no persuasive
`support in the specification or the language of the claims for construing a
`Downloadable ID as “one or more” hash values, that “collectively” identify
`a Downloadable.
`4. Means-Plus-Function Terms
`Claim 17 contains three “means-plus-function” terms. These are:
`“means for obtaining a Downloadable,” “means for fetching at least one
`software component,” and “means for performing a hashing function.”
`
`
`
`9
`
`
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