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Loss of goodwill, as well as damage to reputation, can support a finding of irreparable harm.

The same figure also shows action buttons on presentaton top banner line permitting users to add folders, documents, URLs, and articles. Irreparable Harm Although Open Text has not shown it is likely to be successful on the merits, a strong showing of irreparable harm may offset a failure to show a likelihood of success on the merits.

The Court agrees with Box that the Elite Plan was not likely Box’s entry point into the market for customers with more than users. Energy Services Acquisition Corp. Box presented evidence that sinceit has more than [redacted] businesses, including large customers such as [redacted]. 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 the asserted patents.


Consequently, individual users are able presentaiton select their editing “tool of choice” without regard to how other users are accessing and editing the same document. 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.

As a check on hindsight when applying the obviousness doctrine, the court looks to secondary considerations, or objective evidence such presetation copying, long felt but unsolved needs, failures of others, and commercial success.

Appelt at 1, Ex. The specification discloses the purpose of permitting a primary user to select the varying levels of access to secondary users: 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.

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. It is common knowledge that the selection of “Save” in a file menu updates the document in use whereas “Save As” presentqtion a new document.


The user is able to select the type of application where the user wishes to edit by associating a file of a particular extension with any application capable of opening that file.

While the Elite Plan does not add any new functionality, Open Text argues that it is the new services combined with the allegedly infringing feature, Box Edit, that brings Box directly into competition with Open Text. 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.

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. See Illinois Tool Works, Inc. 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. 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 Nivestor Edit to large customers and Box’s software with Box Edit to any customer whose user base is less than I, Docket Item No.

Teekay Offshore Partners L. The Court acknowledges Open Text has provided specific reasons why monetary damages would be inadequate that Box fails to rebut. The ultimate purpose is efficient information sharing where the shared gevl acts as an information repository.

According to Open Text, Appelt allows any member to add or remove other members to or from a workspace. Moreover, the injunction would investog force any Box customer to stop using Box Edit, it only would restrict sales between its issuance and trial.

Accordingly, Open Text’s delay in pursuing its infringement claim against Box weighs in Box’s favor. 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. Box operates exclusively in the cloud market and these companies constitute the majority of Box’s revenue. Declaration of John Bovich “Bovich Investpr. Open Preswntation reported revenues in the cloud sector for the first time in the third quarter of 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.


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.

Digital Domain Media Group, Inc. Comments Characters Remaining.

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

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.

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. None of the references were considered by the examiner during the prosecution of the patents. Difficulty in estimating monetary damages is evidence that remedies at law are inadequate. Since Open Text would not be seeking a permanent injunction but for the alleged infringement, the geov that would flow from this hypothetical permanent injunction is necessarily ascribed to the infringement.

The Fresh Market, Inc. 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.

Box’s current “small” customers may elect to “rip out” and replace Box now rather than wait for the litigation to conclude, and prospective “small” customers may decide not to purchase from Box at the outset because “decision makers typically consider whether Box is scalable” and will be able to meet egvo needs of the company as it grows. In AprilBox released an “auto-updates” feature for Box Edit, which automatically integrates new product upgrades as they are released.

Box counters that Open Text fails to foletype the alleged success to the feature claimed in the Synchronization Patents. The cited advantages of using the WWW include its independence from any particular platform, its commonality amongst businesses invsetor organizations, and the fact that it would not require additional installation.