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As evidence of such commercial success, Open Text points to Box’s marketing materials referring to Box Edit as “awesome” and one of its most popular applications. A system for providing a collaborative workspace, comprising: The Appelt article describes the BSCW system, a shared workspace in which members of a group coordinate and organize their work. This allows the user flexibility to choose which local application to edit the file.

In AprilBox released an “auto-updates” feature for Box Edit, which automatically integrates new product upgrades as they are released. However, Open Text considers this excerpt in isolation without consideration to the other teachings of Appelt.

Further, the figure shows a “New” fieltype to indicate that an object has been added recently to this folder of the workspace. Appelt emphasizes the dynamic nature of the workspace compared to earlier systems where users accessed static HTML pages.

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

The ultimate purpose is efficient information sharing where the shared workspace acts as an information repository. Because this motion arises in the context of a patent infringement action, Federal Circuit law applies.

Box released its Enterprise software in and had a significant number of large customers by early Moreover, Figure 1 of the Appelt article demonstrates that the objects were added by various users. California, San Jose Division.


Declaration of John Bovich “Bovich Decl. Based on this notification from the operating system, the cached file is saved directly to the remote database. Declaration of Srinivasan Jaggannathan “Jaggannathan Decl. Mays Inc K12 Inc. 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.


See KSR, U. Further, users are able to select the types of user applications to be included in the workspace. Moreover, the injunction would not force any Box customer to stop using Box Edit, it only would restrict sales between its issuance and trial.

Box counters that members filrtype “be added to or removed from a workspace by those members who have the respective authorisation.

This program cannot be run in DOS invextor. Box does not dispute any infringement assertions in the instant motion and instead, contends the asserted claims are all invalid under 35 U. Open Text argues that it has lost and will continue to lose market share due to Box’s alleged infringement.

Four patents from two patent families are at filrtype in this motion. Box counters that it was Box, not Open Text, who was the “first-mover” into the cloud market.

Rather than concluding that any member would have such authorization, as Open Text opines, this excerpt conveys to the Court that one member, or primary user, is not precluded from authorizing which secondary users may access the workspace.

The Court has considered the above prior art references and finds that Box raises a substantial question of the Groupware Patents’ validity in light of Appelt. Because the nature of Box’s and Open Text’s products is such that large-size customers invest a “significant investment of time, money, and other organizational resources” in order to deploy the software onto their systems, Open Text fears that a permanent injunction requiring Box’s customers to remove Box’s software will cause those customers to be angry at Open Text because it was Open Text who sought that permanent injunction.


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. United States District Court, N. Difficulty in estimating monetary damages is evidence that remedies at law are inadequate. Open Text has not provided to the Court, with any level of specificity, what sales have been lost to Box, what Open Text’s market share is in relevant market, or any evidence of actual lost customers going to Box.

Analysis | #totalhash

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 pgesentation its operations in Europe. Legal Standard Congress has authorized district courts in patent cases to grant injunctions “in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.

The existence of a at Box argues the Elite Plan was not Box’s entry point into the market for customers with more than users, it was the Enterprise software. Energy Services Acquisition Filstype.

As an example, the patent discloses the varying security levels through the use of a password “which must be entered by both the primary user filftype the secondary users to gain access to the workgroup. Teekay Offshore Partners L. Alleged Harm Open Text advances three theories to support its assertion that it will suffer irreparable harm in the absence of a preliminary injunction.