Prior art

The USPTO database confirms the details of US Patent 10313385, titled "Systems and methods for data driven game theoretic cyber threat mitigation." It was filed on November 28, 2016, and issued on June 4, 2019. The current assignee is Skysong Innovations LLC.

Here's an analysis of the most relevant prior art cited in US Patent 10313385:

Patent Citations:

1. US20040088565A1: "Method of identifying software vulnerabilities on a computer system"

   • Publication Date: May 6, 2004.
   • Brief Description: This patent application describes a method for identifying software vulnerabilities by monitoring messages exchanged between software components and comparing them to known vulnerability signatures.
   • Potential Anticipation (35 U.S.C. § 102): This reference potentially anticipates elements of claims 1, 8, and 15 related to "detect[ing] a particular vulnerability of the computer system" and "analyzing the application of the set of exploits on the computer system to detect a particular vulnerability." While US'385 focuses on darknet data and game theory, US'565A1 teaches the fundamental concept of identifying vulnerabilities within a computer system.

2. US8413238B1: "Monitoring darknet access to identify malicious activity"

   • Publication Date: April 2, 2013.
   • Brief Description: This patent describes systems and methods for identifying malicious activity by monitoring darknet access. It discusses darknets as unused IP addresses that typically receive traffic only due to accidents, backscatter, or malicious scanning. The system proactively scans addresses before notifying of malicious activity to reduce false positives.
   • Potential Anticipation (35 U.S.C. § 102): This reference is highly relevant to claims 1, 8, and 15, particularly the element of "accessing data through the network connection, the data comprising dark net information associated with exploits of a computer system" and "obtaining a set of exploits from the dark net information." US'238B1 explicitly teaches monitoring darknet access to identify malicious activity, which directly relates to obtaining information from the darknet about exploits.

3. US20130198848A1: "Remediation of computer security vulnerabilities"

   • Publication Date: August 1, 2013.
   • Brief Description: This patent application focuses on methods for remediating computer security vulnerabilities. It describes identifying vulnerabilities and then applying remediation techniques.
   • Potential Anticipation (35 U.S.C. § 102): This reference could potentially anticipate aspects of claims 1, 8, and 15 related to "altering a configuration of the computer system in response to the analysis of the application of the set of exploits to reduce potential damage of a cyberattack." While the mechanism of analysis in US'848A1 might differ, the core concept of identifying vulnerabilities and then altering system configuration for remediation is present.

4. US20140137257A1: "System, Method and Apparatus for Assessing a Risk of One or More Assets Within an Operational Technology Infrastructure"

   • Publication Date: May 15, 2014.
   • Brief Description: This patent application describes a system and method for assessing the risk of assets within an operational technology infrastructure. It involves identifying assets and their associated vulnerabilities, and then assessing the risk posed by those vulnerabilities.
   • Potential Anticipation (35 U.S.C. § 102): This reference might anticipate parts of claims 1, 8, and 15 concerning "quantifying a risk level posed to the computer system" (as mentioned in dependent claims 2, 9, and 16). The general concept of risk assessment based on vulnerabilities is a shared theme.

5. US8863293B2: "Predicting attacks based on probabilistic game-theory"

   • Publication Date: October 14, 2014.
   • Brief Description: This patent describes predicting attacks using probabilistic game theory. This involves modeling attacker and defender interactions as a game to anticipate attacker strategies.
   • Potential Anticipation (35 U.S.C. § 102): This is a highly relevant reference, particularly to the core "game theoretic" aspect of US'385. Claims 1, 8, and 15, which describe a system/method that models an attacker and a defender, and implicitly or explicitly uses this model to "alter[] a configuration of the computer system...to reduce potential damage of a cyberattack," could be anticipated. The fundamental idea of using game theory to predict and mitigate attacks is taught here.

6. US20150215332A1: "Cloud service usage risk assessment using darknet intelligence"

   • Publication Date: July 30, 2015.
   • Brief Description: This patent application details assessing cloud service usage risk by leveraging intelligence from the darknet. This involves collecting information from the darknet to understand potential threats to cloud services.
   • Potential Anticipation (35 U.S.C. § 102): This reference strengthens the prior art related to "accessing data through the network connection, the data comprising dark net information associated with exploits of a computer system" (claims 1, 8, 15). It explicitly teaches the use of "darknet intelligence" for risk assessment, which aligns with the data acquisition aspect of US'385, even if the application area (cloud services) differs.