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Once the alleged infringer has raised a substantial question regarding validity, the plaintiff must bring forth evidence to demonstrate that the alleged infringer’s invalidity defense “lacks substantial merit.

Energy Corp Wyo U. Box contends that any irreparable harm to Open Text would be “self-inflicted” by a permanent injunction requiring the forced removal of Box software.

Nathaniel Polish “Polish Decl. Open Text’s loss of goodwill prsentation is nuanced. Listed below are the cases that are cited in this Featured Case. This description teaches filetpye users interact with the server based on an already existing workspace.

In consideration of all the evidence presented, and in light of the Court’s finding that Box raises a substantial question to the validity of the patents, the Court finds that Open Text has not established that it is likely to be irreparably harmed in the absence of an injunction.

Moreover, the hardship to Open Text if the preliminary injunction is denied is severely undercut by the fact that Box has raised a substantial question to the validity of the patents. February 3,aff’d, F. Software Index Dow Jones U. A patent claim is invalid by anticipation if the invention invesgor known or used by others in this country, or patented or described in a printed publication in this or a foreign filetyype before the filing, 35 U.

Analysis | #totalhash

Would you like to close TeleChart now? And in the over [redacted] sales calls and presentations to potential large customers that expressed an interest in deploying Box for seats or more, Open Text was never identified as a primary competitor in any of the [redacted] calls. Unlike the “user applications” within the meaning of the Groupware patents, Open Text argues the BSCW System discloses a workspace with “various types of objects.


Invrstor at 5, Ex. Such a proposition ignores common sense that a workspace would not exist but for the creator of a workspace requesting the server to create the workspace. See Alliance for the Wild Rockies, F. Open Text must also establish that a “sufficiently strong causal nexus” relates the alleged harm to the alleged infringement. Cited Cases No Cases Found.

Figure filletype of the Appelt article displays a sample BSCW Workspace with exemplary objects such as a filetyps forum, Microsoft Word documents for access control and member administration, and an Adobe FrameMaker document for document presengation.

The Court acknowledges Open Text has provided specific reasons why monetary damages would be inadequate that Box fails to rebut. Pogo Producing Co Lnvestor. Primary and Secondary users Open Text argues that Appelt fails to distinguish between primary and secondary users whereby the primary user nominates a list of secondary users and selects access control choices for the secondary users.

To edit a file on the remote system in the “explorer” interface, a user must locate the file the user wants to edit. The allegedly infringing Box Edit software that Open Text argues is driving invesror demand was not even released until Octoberwell after these large increases in sales were reported.


Box provides five versions of its software: The Court held a hearing on this motion on January 24, However, this logical inference does not extend to the mode when “Remote Edit uses ShellExecute” is not checked because the user makes the modifications and then manually uploads the modified document to the remote database.


From this screenshot, “FTP95Pro. Open Text reported revenues in the cloud sector for the first time in the third quarter of Moreover, Open Text’s delay in filing its preliminary injunction undercuts its argument for irreparable harm. When “Remote Edit uses ShellExecute” is checked, the user initiates the editing inveetor by selecting a file on the remote system.

Home Systems Inc U. Box argues that an injunction preventing sales to large customers is an undue hardship because the majority of Box’s revenues are derived from its large customer base. Please save inevstor work and close TeleChart. Appelt The Appelt article describes the BSCW system, a shared workspace in which members of a group presentatio and organize their work. For example, if a user associates. The lack of cloud-based revenue contradicts Open Text’s own assertion that it is establishing a “new market” for the off-premises document management market when considerable countervailing evidence in the record indicates Box likely entered the relevant market and was competing for large customers as early as Dedicated network site Open Text concedes that Appelt teaches a shared workspace established by members of a group but argues that Appelt fails to identify a computer that “create[s] a dedicated network site on a network-connected server in response to instructions received from a primary user” because Appelt does not disclose how a workspace is created.

In determining whether to grant Open Text’s motion for the preliminary injunction, the Court also considers the balance of the hardships to the parties. Box argues that Open Text is in a “much better” position to withstand the improper denial of the injunction than Box is to withstand an improper granting of the injunction.