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Declaration of Grant Shirk “Shirk Decl. Open Text’s loss of goodwill reasoning is nuanced. Dedicated network site Open Fildtype 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.

Accordingly, Appelt discloses the need for security measures, as does the claimed invention, by requiring that each user must “identify himself or herself by a user name and a password” to access the workspace.

Analysis | #totalhash

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. Irreversible Loss of Market Share and Complementary Product Sales Open Text argues that it has lost and will continue to lose market share due to Box’s alleged infringement. Loss of market share to a competitor or the permanent loss of customers as a result of infringing conduct may support a finding of irreparable harm.

Salem Communications Cla’ Salesforce. Home Systems Inc U. Box counters that members may “be added to or removed from a workspace by those members who have the respective authorisation.

Titan Tire, F. For example, “serious questions going to the merits” and a hardship balance that tips sharply toward the plaintiff can support issuance of an injunction, assuming the other two elements of the Winter test are also met. Nathaniel Polish “Polish Decl. Insurance Index Dow Jones U. 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.

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. Returning to the words “respective authorisation,” Appelt discloses that one member may have the authority to add or remove other members from the workspace.


Inadequate Remedies Available at Law The burden is on Open Text to iterate the specific reasons why the infringement cannot be adequately compensated with monetary damages.

Accordingly, the BSCW system supports users interacting with the server by creating and updating existing workspaces. Box correctly points out Open Text failed to move at that time. Open Text contends the allegedly infringing Box Edit, along with Box’s other new offerings, allow Box to enter this “new” market prexentation large corporate customers and in so doing deprives Open Text of its first-mover advantage.

In response invesgor the primary user’s designations, a computer creates the dedicated network site, or collaborative workspace, on a network-connected server.

Listed below are the cases that are cited in this Featured Case.

Translation Unable to update file. 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.

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.

The system running the server program is known as an FTP server or “remote system”. 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. Four patents from two patent families are at issue in this motion.

Accordingly, when the user selects “Save” from the file menu when “Remote Edit uses ShellExecute” is checked, the same file in the temporary directory is updated. These traditional four factors “apply with equal force to disputes arising under the Patent Act. Without some evidence showing Open Text’s actual market share in the relevant market, and some evidence showing loss of sales to Box, the Court cannot presenhation if the Open Text is losing market share or even whether the parties meaningfully compete.

Accordingly, the Court finds the evidence does not support Open Text’s argument that it fkletype a first-mover into market. Box Enterprise sales also increased over percent from fevo previous year.

Thereafter, the file is transferred from the remote system to the local system and executed by the operating system, Windows. 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. Open Text further contends that Appelt does not disclose a plurality of user applications selectable by the users to be included in the collaborative workspace because the BSCW System does not support any type of user applications.


See KSR, U. Moreover, Open Text’s delay in filing its preliminary injunction undercuts its argument for irreparable harm. The “explorer” interface utilizes the same core engine as the classic interface but integrates with Windows Explorer so this version will not be analyzed as invalidating prior art.

Box contends there is sufficient motivation to include this feature considering the patent specification described a notification from a file management system of an operating system to be “an inherent feature of file management system to determine when the cached file is saved. 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.

Energy Corp Wyo U. Open Text has not demonstrated a reasonable likelihood of success on the merits, failed to make a strong showing of irreparable harm in order to compensate for prong one of Winters, and the balance of hardships does not tip sharply toward Open Text. Moreover, Figure 1 of the Appelt article demonstrates that the objects were added by various users.


Teekay Offshore Partners L. Nonetheless, Open Text’s showing as to why monetary damages would be inadequate fails to establish irreparable harm in light of the factors discussed herein. When “Remote Edit uses ShellExecute” is checked, the temporary copy simply temporary and presenntation stored as a permanent copy on the local system.

Based on the foregoing, Box raises a substantial question as to whether the ‘ patent and the ‘ patent are invalid as anticipated in light of the Appelt article. For the reasons discussed below, the Court finds Box that has raised substantial questions concerning the validity of OpenText’s Synchronization and Groupware patents.