|An image from U.S. Pat. No. 7,519,990|
Image courtesy Google patents.
Judge Jeffery White explained that the patent claim covered comparing a protocol of network traffic content with a prescribed protocol to determine whether there is a match. PAN's firewall uses a transmission control protocol (TCP) and user datagram protocol (UDP) as a transport layer protocol which Fortinent contends infringes its patent. Judge White disagreed stating that malformed packets are disregarded because they lack a transport layer protocol in the PAN firewall. Since the device does not use the method in the '990 patent there is no infringement.
Judge White granted summary judgment for PAN on infringement of the '099 patent. The case is Fortinet v. Palo Alto Networks No. C 09-0036 and the opinion is below the jump.