Intellectual Property Summary - SourceFire (FIRE)
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By: Bruce Bahlmann - Contributing Author (your feedback is important to us!)

Last Update: 12/01/2006

SourceFire has made 6 patent applications that are public record. These applications cover 6 distinct inventions. All applications are pending at this point and none have issued into full patents. SourceFire filed 4 applications in 2004. Subsequently, they have filed one application in 2005 and one in 2006. Both of these have been published and, though not assigned, are attributed to inventors employed by SourceFire. It is highly likely that SourceFire has continued to file patent applications though any such application is not publicly visible at the patent office until it is published. Publication happens within 18 months from the date of filing.  Patents in the pending application stage can expect a 20 year life from filing date once they have issued. 

The SourceFire filings focus primarily on intrusion detection/deterrence, passive network scanning, and event management. Some filings are implementation optimizations related to rule processing and pattern searching while others address more fundamental aspects of a system solution in the areas of passive intrusion detection and event log correlation across a network. The latter are broader applications, but, due to the late time frame relative in which they were filed relative to the introduction of intrusion detection technology, would likely result in narrowing due to prior art during the prosecution. 

SourceFire states in their S1 to have 19 patent applications pending. These are either in the process of examination or in the queue to be examined in the US and foreign jurisdictions. It is not possible to validate this assertion, as unpublished applications are held secret until the publication date. SourceFire might have filed additional national scope applications in other countries not contained within our search, or it has counted expired PCT and Provisional applications. If provisional and PCT applications (which do not mature to become real patents) were counted within the 19, we would disagree with this counting methodology and reduce the actual count to 15. 

Sourcefire has tested the strength of two of its patents through the World Intellectual Property Organization (WIPO). This organization provides initial feedback on applications which is useful in determining the prior art and obviousness of a patent. This allows a company to avoid expenses related to patent prosecution if a strongly negative report is issued by WIPO. Based on its foreign filing strategy, SourceFire appears to have placed significant emphasis (over half of all its applications) on one particular US application. The company also filed for associated patent coverage in Austria, Canada, Europe, Germany, and Mexico. Since such international filings are hugely expensive, it is believed this patent represents technology which is of high importance (or was at the time) to SoureFire and is relevant to their product offerings. However, based on information uncovered during this patent research (see full report for details), this patent faces strong examiner opposition and it is unclear whether or not the patent will issue. It should also be noted that in the event an application does issue, it is likely that it will go through significant amendments and narrowing from the initial claims. Hence, its value is diluted. Also, SourceFire’s previous operation as a public service (SNORT) negatively impacts its ability to seek patent protection on obvious aspects of this service. 

SourceFire does not appear to be involved in any patent litigation nor has it been charged with patent infringement. However, both Cisco and Checkpoint, primary competitors in this field (Checkpoint also being a prior suitor of the company); have significant patent portfolios, presenting a risk to SourceFire down the road. 

Based on our patent research, the strength of the SourceFire portfolio is currently weak and its future potential is difficult to assess. However, it is likely that the portfolio currently in prosecution end up being narrow in scope and a strong basis for outward licensing or litigation.

Research Details:

Relative timeline for inventions (based on discovered prior art)

• May, 1998 – Dynamic system defense for information warfare

Breakdown of inventors at SourceFire:

Issued Patents:

• None

Applications:

• [20050177871] Intrusion and misuse deterrence system employing a virtual network (2004)
  • Final rejection received
  • Field under PCT/Canada/US/
  • Non-final rejection:
    • [6408391] Huff of PRC, Inc  - McLean, VA (NOC)
      • Dynamic system defense for information warfare (5/6/1998)
      • “a plurality of security operatives are dispatched by a security server to a plurality of client computers. Each of the security operatives include a software module, mentioned above, and these software modules perform the simulation of the plurality of clients. The plurality of clients are apart of a single network. The software modules perform missions such as intrusion detection wherein the modules can identify a potential intruder, which meets the limitation of receiving an inbound packet including a destination address, a processor-readable medium storing instructions.”
  • This application was originally filed for the inventors by Genuity and then later reassigned to Verizon’s Intellectual Property Law Group. What is not clear is why Sourcefire would use this legal resource rather than some independent legal firm unless for some reason Verizon had some motivation to act on behalf of Sourcefire. Although the point may be mute as the application is under final rejection, if this patent were to issue, some doubt remains as to whether Sourcefilre is the sole/exclusive rights holder to this intellectual property.
• [20040205360] Intrusion detection (2004)
  • Nothing yet
• [20050216764] Dynamic threat assessment (2004)
  • Nothing yet
• [20060020595] Multi-pattern searching (2004)
  • Nothing yet
• [20050229255] Scanning a network (2004)
  • Nothing yet
• [20060161816] Managing events (2005)
  • Nothing yet

US filings by year:

• 2004 – 5
• 2005 – 1
• 2006 –

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