Homework: Printed Publication
SRI Intern, Inc. v. Internet Sec. Systems, Inc.
The case, in the 3rd District Federal Court number 511 F.3d 1186, was reviewing a case from Delaware's District Court, which held that four of ISS's patents were invalid because they were anticipated under SRI's prior art publication "Live Traffic Analysis of TCP/IP Gateways." The patents all dealt with cyber security and detecting intrusions, and all were applied for on November 9, 1998. The Live Traffic paper, based on a 1997 EMERALD paper (a paper on tracking malicious activity across networks that has material with one of the patents, '212), was incorporated by all four patents and was displayed on SRI's company website on November 10, 1997. In the end, one of the patents, '212, was affirmed to be invalid, because of another paper, the EMERALD paper, shows the patent was anticipated due to the prior art. However, there were inconclusive facts about whether the "Live Traffic" paper was "publically accessible" (not clear from the facts that a normal person skilled in the art could access the Live Traffic paper on the FTP server), the Federal Court judges ended up vacating and remanding the district court's other determinations.