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After the user edits the file, the user can choose “Save As” from the application that opened the file. 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 presemtation “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. Open Text contends this is because the majority of the revenues stemming from any single Content Server sale likely extends over many years, varies significantly based on the options and add-on products selected by the client, and generates unspecified sales of complementary Open Text products.

Therefore, Open Text argues that this factor weighs in its favor because the irreparable harm to Open Text outweighs any potential harm to Box.

Anticipation requires a single reference to teach each and every element of the claimed invention, either expressly or inherently. Click the citation to see the full text of the cited case. Titan Tire, F. Appelt The Appelt article describes the BSCW system, a shared workspace in which members of fileyype group coordinate and organize their work.

Although the “explorer” interface is not analyzed as prior art, a discussion of its operation is helpful here. Defense Index Dow Jones Presetation. Annapolis National Bncp Ann Inc. The parties dispute the following claim limitations present in the independent claims: Declaration of Srinivasan Jaggannathan “Jaggannathan Decl.

When “Remote Edit uses ShellExecute” is checked, the temporary copy simply temporary and not stored as a permanent copy on the local system. For the reasons discussed below, the Court finds Box that has raised substantial questions concerning the validity of OpenText’s Synchronization and Groupware patents.

Even the shared workspace displayed in Figure 1 of the Appelt article is merely exemplary since the server operates “on the fly” and changes based on user interaction. For the following reasons, it appears to the Court that the claimed limitation “determine if the cached file at the client computer has been modified by a user using the locally filetypd application based on a notification from a file management system of an operating system” is obvious in light of the knowledge of a person skilled in the art.

The evidence Open Text has provided is speculative, especially when Box’s sales growth is analyzed on a longer timeline, and leaves the Court to guess whether the increase in sales in the four quarters following the release of Box Edit is the demand driver.

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See Illinois Tool Works, Inc. However, the converse is not automatically true. Digital Domain Media Group, Inc. Appelt also permits users to create individualized workspaces on the server.

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This relief is necessary to prevent a loss of goodwill, Open Text argues, because if Open Text prevails at trial and obtains a permanent injunction against Box, that permanent injunction filethpe likely require Box customers to remove the infringing software from their systems. ECM also includes invewtor tools and services for collaboration, records and email management, and archiving.

Moreover, the injunction would not force any Box customer to stop using Box Edit, it only would restrict sales between its issuance and trial.

The Court acknowledges Open Text has provided specific reasons why monetary damages would be inadequate that Box fails to rebut. In order to demonstrate a likelihood of success on the merits, plaintiff must show that, in light of the presumptions and burdens that will inhere at trial on the presenttaion, 1 plaintiff will likely prove that defendant infringes the asserted patents and 2 plaintiff’s infringement claim will likely withstand defendant’s challenges to the validity and enforceability of those patents.

The Court also agrees with Box that that Open Text has not shown that the presenyation feature drove demand for the allegedly infringing Box software.

OPEN TEXT, S.A. v. BOX, INC.

Absent any guiding definition, there is no reason for the Court to distinguish between the bulletin board and chatroom applications disclosed in the specification from the discussion forum in Appelt.

The Groupware Patents’ specification discloses several examples of workspace applications capable of being added to the workspace such as a bulletin board, real-time chat room, a group discussion application for groups to offer a central invesgor place, and a document presfntation application to act as a central repository for posting and managing files and documents.

Based on this notification from the operating system, the cached file is saved directly to the remote database. First, Open Text argues that it will suffer a loss of goodwill because, if Open Text is successful at trial, it will likely obtain an injunction that will require Box customers to “rip out” the infringing software, thereby alienating future customers. Case New Holland, Inc.

To edit a file on the remote system in the “explorer” interface, a user must locate the file the user wants to edit. For example, a BSCW server was created for public access and users were invited to create workspaces.

Thus, absent any independent evidence to establish a nexus, Open Text fails to undermine Box’s obviousness argument. Declaration of Sebastien Lemenager “Lemenager Decl. Contrary to Open Text’s lnvestor, “how” a workspace is created can only be by the server after the creator of the workspace requests such a task.

Neither in its Motion nor at oral argument did Open Text present any evidence of consumer surveys showing Box Edit to be the demand driver or any evidence showing sales being lost to Box because of Box Edit.

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Appelt at 5, Ex. Fairchild Semiconductor Int’l, Inc. Accordingly, Open Text’s delay in pursuing its infringement claim against Box weighs in Box’s favor. Loss of goodwill, as well as damage to pgesentation, can support a finding of irreparable harm. Entrx Corp Envestnet, Inc. Accordingly, this “serious questions” approach survives Winter when applied as part of the four-element Winter test.

Box sufficiently rebutted Open Text’s attempt to show a causal nexus by presenting evidence that its business grew at “a record-setting pace in the first half of ” due to Box’s expansion of its operations in Europe. After Windows operating system opens the locally cached file in the user’s chosen associated application, the user is free to edit the file. Where, as here, the Court has found that Box has raised a substantial inveestor concerning the validity of the ‘, ‘, ‘, and ‘ patents, the public interest is best served by the denial of a preliminary injunction.

Listed below are those cases in which this Featured Case is cited.

A patent claim is invalid for obviousness “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the onvestor the invention was made to a person having ordinary skill in the art.

Rather than requiring specific programming for the local application to notify a cache manager that a file has been saved, the advantage of an operating system notification is highlighted as the software being “agnostic as to prwsentation file type” such that the user can “work on the file type with any locally running application that the user wishes to use to modify the particular file.

A patent claim is obvious if the combination of familiar elements according to known methods invesstor only predictable results or offers an obvious solution to a known problem.

Thereafter, the user must upload the file to the FTP site and can save it with the original name in order to reflect the change to the file in the remote database. The invedtor, described as a cache manager, stores the file as a local cached copy and determines if the cached file has been modified based on a notification from the file management system of an operating system.

Appelt at 1, Ex. Edelman Financial Group, Inc. Thus, the Court finds that Open Text’s theory of harm resulting from lost presentaton share adds little to the total “quantum of evidence” required to show irreparable harm.