In re Hall Homework Anthony Schlehuber
SRI Intern., Inc. v. Internet Sec. Systems, Inc. 511 F.3d 1186 January 08, 2008
In the case of SRI Intern., Inc, the court ruled that SRI's patent was invalid due to the availability of knowledge about the patent before the critical date.
SRI held a patent for the statistical profiling of network traffic to detect unwanted intrusions. During the course of developing their patent, they released findings in a project known as Emerald that directly related to the patent and publicized information about the project at workshops before the critical filing date. Additionally, they also uploaded an article titled 'Live Traffic Analysis of TCP/IP Gateways' on the open SRI FTP server that related to the patent.
The court ruled that the release of the Emerald information before the critical date represented prior description of the patent before the critical date and ruled the patent invalid. However, even though the Live Traffic paper was on a public server, it was not indexed and difficult to find without directions from a source in the company. Therefore, the court ruled that the Live Traffic paper did not rule the patent invalid in addition to the emerald paper.