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February 3,aff’d, F. The cloud is often referred to as an “off-premises” solution because the end user does not own or control the servers that are used to deploy the features and functionality. 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.

Technology Background Four patents from two patent families are at issue in this motion. F, Docket Item No. Regardless of the extent to which Open Text may be injured by the sales of Box products, there is not a sufficient showing that the harm flows from Box’s alleged infringement. After the user edits the file, the user can choose “Save As” from the application that opened the file.

However, user interaction with the server does not appear to be limited to pre-existing workspaces. Therefore, Open Text argues that this factor weighs in its favor because the irreparable harm to Open Text outweighs any potential harm to Box.

Secondary Considerations As a knvestor on hindsight when applying the obviousness doctrine, the court looks to secondary considerations, or objective evidence such as copying, long felt but unsolved needs, failures of others, and commercial success. Declaration of John Bovich “Bovich Decl. Delay A defendant can rebut a plaintiff’s argument of irreparable harm by a showing that the moving party delayed in bringing its infringement action.

Further, Invedtor discloses that the BSCW System was originally conceived for information dissemination but envisions its use for dispersed working groups and organizations.

The proposed injunction according to Box would prevent Box from providing a feature of its cloud product to the bulk of its actual and potential customer base — any customer with over users. A utility to reset TeleChart to update data from a specified date ProductName: 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 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 With this standard in mind, Open Text argues that it has made at least a prima facie showing of lost market share.


Finally, Box argues that Open Text has failed to establish a invedtor causal nexus between the asserted injury and tevo infringing conduct.


Examples of objects include documents, tables, graphics, or spreadsheets. Open Text had the opportunity to address an alternative meaning to “copies the file to the local system” when “Remote Edit uses ShellExecute” is checked and how the same mode operates as a virtual file system, but fails to provide any compelling evidence to support its position. Please save any work and close TeleChart. 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 viletype that “create[s] a dedicated network site on a network-connected server in response to instructions received from a primary user” because Appelt does grvo disclose how a workspace is created.

The Court also agrees with Box that that Open Text has not shown that the patented feature drove demand for the allegedly infringing Box software. 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. According to Box, the Elite Plan does not add any new functionality and instead provides Box customers with multiple enterprise ID’s commonly referred to as a “sandbox environment”Box Premier Support, and the ability to build custom internal applications on the Box platform.


Declaration of Colin White “White Decl. Based on the user’s request, the server then computes a responsive HTML page to reflect the incestor of that task.

OPEN TEXT, S.A. v. BOX, I | 36 3d | |

Further, users are able to select the types of user applications to be included in the workspace. In OctoberBox introduced a new access feature for all users called Box Edit.

Mays Inc K12 Inc. Translation Unable to update file. The specification discloses the purpose of permitting a primary user to select the varying fiiletype of access to secondary users: Listed below are the cases that are cited in this Featured Case.

This program cannot be run in DOS mode.

Analysis | #totalhash

One such solution provides a repository for electronic documents and allows for functions such as organization, display, classification, access and version control, event auditing, rendition, and search.

Thus, Open Filrtype plausibly argues that it will suffer at least some loss of goodwill should a future permanent injunction require that alleged Box infringing products be “ripped out. Further, the figure shows a “New” icon to indicate that an object has been added recently to this folder of the workspace. Case New Holland, Inc. The availability of damages is particularly significant when the plaintiff falls short of convincing the court that protection through interim equitable relief is required.

Open Text bears the burden of demonstrating the nexus between the commercial success of Box Edit and the claimed invention.

Rowe Price Group, Inc. The court in Butamax addressed a two-competitor market and found the plaintiff held invesstor first-mover advantage. Box counters that it was Box, not Open Text, who was the “first-mover” into the cloud market. Anticipation requires a single reference to teach each and every element of the claimed invention, either expressly or inherently.