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Click the citation to see the full text of the cited case. The Synchronization Patents purport to invent a software program that allows users to retrieve a file from a remote database, edit the file locally, then save the edited file directly back to the remote database.


Because the BSCW system administers the user names and passwords, it follows that only an authorized user can notify the BSCW system which secondary users may or may not access the workspace. Box released its Enterprise software in and had a significant number of large customers by early Further, Open Text offers no argument as to what else “copies” means in this context.

In this mode, the file selected for editing is downloaded from the remote system to the local system so that the user can edit the file on the local system.

Appelt at 1, Ex. Furthermore, Box argues that although Open Text claims that it only wants “narrow” and “prospective” relief, the injunction would ensure a substantial hardship on Box’s existing and prospective customer relationships because current and prospective “smaller” customers often need scalability to potentially accommodate more than users.

Also instructive to the Court is the July Forrester report concluding that Box was the leader in the cloud market among the “16 most significant solution providers,” and Open Text failing to even make the list. A patent claim is invalid by anticipation if the invention “was known or used by others in this country, or patented or described in a printed publication in this or a foreign country” before the filing, 35 U. Hr’g Jan 24,Def. Moreover, the use of the cache manager does not require specifically programmed applications to send notifications because the cache manager can seamlessly synchronize the cached file based on a notification from the file management system of the operating system.

It is common knowledge that the selection of “Save” in a file menu updates the document in use whereas “Save As” creates a new document. The allegedly infringing Box Edit software that Open Text argues is driving consumer demand was not even released until Octoberwell after these large increases in sales were reported.

Open Text opines that the growth in sales following the release of Box Edit establishes the causal nexus and evidences that Box Edit is driving customer demand in the market.


Analysis | #totalhash

Box argues the implementation of the BSCW System itself demonstrates how a user instructs the server to create the collaborative workspace. A system for creating a collaborative workspace, comprising: Email Print Comments 0. Open Text argues monetary damages cannot compensate Open Text for the harm it has suffered and it will continue to suffer because the nature of the document management industry and Open Text’s business model make full lost profits difficult, if not impossible, to capture with a monetary award.

Moreover, Open Text’s delay in filing its preliminary injunction undercuts its argument for irreparable harm. The Court overrules Box’s evidentiary objection to Tim Spadzinski’s declaration. Unlike workflow systems that provide the means for process definition and flow control through predefined coordination and cooperation models, shared workspaces provide the medium for information sharing without such pre-defined limitations.

Com Incorporated BankUnited, Inc. Titan Tire, F. Box Enterprise sales also increased over percent from the previous year. With this standard in mind, Open Text argues that it has made at least a prima facie showing of lost market share.

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

When “Remote Edit uses ShellExecute” is checked, the temporary copy simply temporary and not stored as a permanent copy on the local system. As evidenced, the “explorer” interface parallels the first enumerated steps when “Remote Edit uses ShellExecute” is checked in the “classic interface”: In consideration of all the evidence presented, and in light of the Court’s finding that Box raises a presentstion 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.

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 ibvestor “sandbox environment”Box Premier Support, and the ability to build custom internal applications on the Box platform.

Fuletype Corp Wyo U. Under this flexible inquiry, the court considers the scope and content of the prior art, the differences between the prsentation art and the asserted claims, the level of ordinary skill in the art, and any secondary considerations of non-obviousness.

Open Text contends the allegedly infringing Box Edit, along with Box’s other new offerings, allow Box to enter this “new” market for large corporate customers and in so doing deprives Open Text of its first-mover advantage.

Pogo Producing Co Point. In this case, Box argues that Open Text unduly delayed in bringing its preliminary injunction motion eighteen months after the release of Box Edit, and as a result, demonstrates Open Text is not being irreparably harmed by the alleged infringement of presentatiin asserted patents.


The Ninth Circuit has clarified that the elements of a preliminary injunction may be balanced such that “a stronger showing of one element may offset a weaker showing of another. Case New Holland, Inc. Open Text contends this harm cannot be remedied by monetary damages. 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 time the invention was made to a person having ordinary skill in the art.

Open Text advances three theories to support its assertion that it will suffer irreparable harm in the absence of a preliminary injunction.

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.

By targeting only a single feature, Box Edit, and only customers with users or more, the preliminary injunction still allows Box to continue selling its document management software without Box Edit to large customers and Box’s software with Box Edit to any customer whose user base is less than 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.

Angeion Corp, Angie’s List, Inc. 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. Amylin Pharmaceuticals Amyris, Inc.

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

The Court acknowledges Open Text has provided specific reasons why monetary damages would be inadequate that Box fails to rebut. The claim limitations of the Synchronization Patents require significant operating system involvement: Software Index Dow Jones U. Appelt emphasizes the dynamic nature of the workspace compared to earlier systems where users accessed static HTML pages.

Absent geo 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.

Unlike in Robert Bosch, where the plaintiff directly competed with defendant in a two-competitor market and sought a permanent injunction following a jury’s determination the defendant infringed, no jury has determined infringement and the cloud market is filled with at least sixteen competitors.

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