Homework 3/23 - Printed Publication bar (KyleR)

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SRI International, Inc. v. Internet Security Systems, Inc.


Jan. 8, 2008 United States Court of Appeals, Federal Circuit

SRI was issued four patents relating to cyber security and intrusion detection on networks. The patent applications were filed on November 9, 1998 and SRI later sued ISS for infringement. ISS claimed the patents were invalid under 35 USC 102(b) because the claims were anticipated in the "Live Traffic Paper" posted on SRI's server. SRI posted the paper on their server on August 1, 1997 and sent the specific FTP address via email to the Internet Society in response to a call for papers.

The district court ruled that the a person of ordinary skill could navigate the folders on the server and find the paper. Therefore, the paper qualified as a printed publication and invalidated the patents. The Court of Appeals, however, ruled that since the paper was not indexed or catalogued in any way on the SRI server there would be no way for an interested person to find it. Therefore, the paper posted on SRI's server did not satisfy the printed publication bar.


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