Two GraphOn Patents Seemingly Lost, More to Come?In May of this year, a first suit between GraphOn Inc. and Juniper Networks was stayed pending the conclusion of patent reexamination proceedings relating to U.S. Patents 6,061,798, 5,826,014 and 7,028,336. A few weeks back, Juniper Network also was able to secure a stay of the second of the two suits (different GraphOn Patents, U.S. Patents 7,249,378; 7,269, 847; 7,383,573; and 7,424,737 )  pending further patent reexamination proceedings at the USPTO. The stay of the second suit was also entered shortly after the transfer of Texas (The famed Texas Two Step). The two suits relate to network firewall technology as claimed in the GraphOn patents. The dispute between the two companies has been ongoing for several years (prior to transfer to the NDCA related suits were filed in Texas, Delaware and Virginia).In late June, in a very surprising development to say the least, the ‘014 Patent (ex parte patent reexamination 90/009,179) went abandoned for failure to file a compliant appeal brief. A reexamination certificate was subsequently printed in August canceling all 51 claims. GraphOn filed a petition to revive in July, yet as the record stands right now, it appears that the ‘014 patent is finished. (Incidentally, the determination of compliant briefs in ex parte reexamination is now handled by the Board).Fortunately for GraphOn their portfolio consists of several patents…. but so far, those don’t seem to be faring much better.This past Wednesday, the rejection of all claims of the ‘798 Patent (an issued continuation of the ‘014) was affirmed by the BPAI (decision here). In the decision, the Board faults the quality of the submitted declaration evidence, notes that GraphOn did not even bother to Reply to the Examiner’s Answer, and attempts to read features into the claims.  It seems GraphOn is struggling significantly with the patent reexamination and appeal  process.The reexamination of the second group of patents has not yet beg

In May of this year, a first suit between GraphOn Inc. and Juniper Networks was stayed pending the conclusion of patent reexamination proceedings relating to U.S. Patents 6,061,798, 5,826,014 and 7,028,336. A few weeks back, Juniper Network also was able to secure a stay of the second of the two suits (different GraphOn Patents, U.S. Patents 7,249,378; 7,269, 847; 7,383,573; and 7,424,737 )  pending further patent reexamination proceedings at the USPTO. The stay of the second suit was also entered shortly after the transfer of Texas (The famed Texas Two Step). The two suits relate to network firewall technology as claimed in the GraphOn patents. The dispute between the two companies has been ongoing for several years (prior to transfer to the NDCA related suits were filed in Texas, Delaware and Virginia).

In late June, in a very surprising development to say the least, the ‘014 Patent (ex parte patent reexamination 90/009,179) went abandoned for failure to file a compliant appeal brief. A reexamination certificate was subsequently printed in August canceling all 51 claims. GraphOn filed a petition to revive in July, yet as the record stands right now, it appears that the ‘014 patent is finished. (Incidentally, the determination of compliant briefs in ex parte reexamination is now handled by the Board).

Fortunately for GraphOn their portfolio consists of several patents…. but so far, those don’t seem to be faring much better.

This past Wednesday, the rejection of all claims of the ‘798 Patent (an issued continuation of the ‘014) was affirmed by the BPAI (decision here). In the decision, the Board faults the quality of the submitted declaration evidence, notes that GraphOn did not even bother to Reply to the Examiner’s Answer, and attempts to read features into the claims.  It seems GraphOn is struggling significantly with the patent reexamination and appeal  process.

The reexamination of the second group of patents has not yet begun.