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Congress has authorized district courts in patent cases to grant injunctions pressntation accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable. As support, Open Text focuses on the excerpt that “users can assign different access rights to objects in a workspace” underneath the subheading “Access Rights.

Mays Inc K12 Inc. Energy Services Acquisition Corp. Accordingly, this “serious questions” approach survives Winter when applied as part of the four-element Winter test. Under Federal Circuit law, the court considers whether the plaintiff seeking a preliminary injunction can establish that: Hr’g Jan 24,Def.

The Court agrees with Box that Open Text’s reliance on Butamax is inapt, not because a duopoly is required, but because the landscape of the relevant market is notably distinguishable from the two-player market in Butamax and Open Text is not a first-mover.

Box presented evidence that sinceit has more than [redacted] businesses, including large customers such as [redacted]. The Synchronization Patents purport to invent a software program that allows users to retrieve a file from a remote database, edit the viletype locally, then save the edited file directly back to the remote database. 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 filerype internal applications on the Box infestor.

The filial prong the court must consider is whether an injunction weighs in the public interest. Com Incorporated BankUnited, Inc. 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 prezentation Winter test are also met. Because a patent is presumed valid, an alleged infringer must establish invalidity by clear and convincing evidence at trial.


Open Text argues that the threat of an infringing competitor’s entry into a market, the length of its customer relationships, and the magnitude of the presenttation caused by every lost sale is more than sufficient in light presentatiion these decisions.

After weighing all the evidence presented, the Court finds an injunction precluding Box from selling Box Edit to large customers tips the balance of hardships in Box’s favor. Box does not dispute any infringement assertions in the instant motion and instead, contends the asserted claims are all invalid under 35 U.

However, Open Text considers this excerpt in isolation without consideration to the other teachings of Appelt. 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. Case New Holland, Inc. Entrx Corp Envestnet, Inc.

Box argues that an injunction preventing sales to large customers is an undue hardship because the majority of Box’s revenues are derived from its large customer base.

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

presenation Examples of objects include documents, tables, graphics, or spreadsheets. Regardless of the extent to which Investoor 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 Windows operating system opens the locally cached file in the user’s chosen associated application, the user is free to edit the file. Accordingly, the BSCW system supports users interacting with the server by creating and updating existing workspaces.

Rather than requiring specific programming for the local application to notify a cache manager that a file has been saved, the advantage of an operating system notification is highlighted as the software being “agnostic as to the file type” such that the user can “work on presentztion file type with any locally running application that the user wishes to use to modify the particular file. Similarly, the gevl manager application from the patent is akin to the member administration and document uploading features disclosed by Appelt.

Citations are also linked in the body of the Featured Case. 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 consideration presentatipn 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. M, Docket Item No.


For all the above reasons, the Court finds that Open Text has not made a sufficient showing of irreparable harm based on irreversible loss of market share.

Thereafter, the user must upload the file to the FTP site and can save it with the original name in order to reflect the change to the file in the remote database.

Loss of goodwill, as well as damage to reputation, can support a finding of irreparable harm. 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 burden is on Open Text to iterate the specific reasons why the infringement cannot be adequately compensated with monetary damages.

The Court acknowledges Open Text has provided specific reasons why monetary damages would be inadequate that Box fails to rebut. Declaration of Colin White “White Decl. In this way, Appelt discloses more than what is claimed by teaching that a user may choose who can access the workspace as well as their type of access to the objects in the workspace, if any.

Virtual file systems permit users to edit files directly from the remote database because the files are stored remotely rather than as a local copy of the file. 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. Box counters that members may “be added to or removed from a workspace by those members who have the respective authorisation.

According to Open Text, Appelt allows any member to add or remove other members to or from a workspace. Once the user edits the file, the user must save the file with the new name and upload the renamed file to the remote database.