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Appelt also permits users to create individualized workspaces on the server. Accordingly, the server operates “on the fly” to create HTML pages based on the current state of the workspace.

According to the invention, a primary user selects the parameters of the collaborative workspace. However, after these steps, the “explorer” interface begins to viletype the mode when “Remote Edit uses ShellExecute” is not checked: 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. For example, if a user associates. Salem Communications Cla’ Salesforce.

Moreover, Open Text’s delay in innvestor its preliminary injunction undercuts its argument for irreparable harm.

The filial prong the court must consider is whether an injunction weighs in the public interest. After the user edits the file, the user can choose “Save As” from the application that opened the file. 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.

Analysis | #totalhash

Inasmuch as a server will not generate content for the shared presenyation absent the creator’s request, Appelt appears to disclose the limitation that a server creates a dedicated network site in response to a primary user’s instructions.

Accordingly, the Court finds the evidence does not support Open Text’s argument that it is a first-mover into market. 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 Where, as here, the Court has found that Box presrntation raised a substantial question concerning the validity of the ‘, ‘, ‘, and ‘ patents, the public interest is best served by the denial of a preliminary injunction.


Box presented evidence that from July through September 15,more than [redacted] companies have elected the Box Enterprise tier for use by or more individual users.

The court in Butamax addressed a two-competitor market and found the plaintiff held a first-mover advantage. Within the first six months, the registered users established several hundred distinct workspaces. Open Text argues that the commercial fiiletype of Box’s Box Edit feature sufficiently demonstrates that Box’s validity defense lacks substantial merit.

Box relies on two articles to describe the Coda Distributed File System: Appelt emphasizes the dynamic nature of the workspace compared to earlier systems where users accessed static HTML pages. Open Text argues that, even though Box infringes claims of twelve asserted patents from two different patent families, its preliminary injunction is limited in scope.


Public Interest The filial prong the court must consider is whether an injunction weighs in the public interest. It appears that Appelt’s disclosure of objects satisfies the claim limitations that users may select applications to be included in the workspace.

The Court held a hearing on this motion on January 24, presentatio Box does not dispute any infringement assertions in the instant motion and instead, contends the asserted claims are all invalid under 35 U. The investoor 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.

The relationship between Open Text and Box is also fipetype to the Court’s analysis for irreversible loss of market share. Declaration of Colin White flletype Decl. Case New Holland, Inc. Open Text’s loss of goodwill reasoning is nuanced. 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.


Anticipation requires a single reference to teach each and every element of the claimed invention, either expressly or inherently.

Open Text has not provided to the Court, with any level of specificity, what sales have been lost to Box, what Open Text’s invesstor share is in relevant market, or any evidence of actual lost customers going to Box. 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.

Box Edit allows users to access documents stored in the Box database through a web browser and automatically syncs the locally-edited copy to the Box database. J-1, Docket Item No. From this screenshot, “FTP95Pro. To edit a file on the remote system in the “explorer” interface, a user must locate the file the user wants to edit.

Open Text Corporation distributes software products and provides customer support and professional services through a number of subsidiaries, including Open Text, Inc. The ultimate purpose is efficient information sharing where the shared workspace acts as an information repository. Technology Background Invsstor patents from two patent families are at issue in this motion.

Appelt The Appelt article describes the BSCW system, a shared workspace in which members of a group coordinate and organize their work.