Defendants prevail on invalidity arguments
SRI International Inc. v. Internet Security Systems, Inc. et al., No. 04-1199-SLR, Oct. 17, 2006.
Robinson, J. Defendants’ motions for summary judgment of invalidity are granted. Plaintiff’s motion regarding no anticipation is denied as moot. Defendants’ motion for failure to disclose best mode is denied as moot.
The patents-in-suit relate to the monitoring and surveillance of computer networks for intrusion detection. Defendants moved for summary judgment that each of the four patents-in-suit is invalid. The Court granted defendants’ invalidity motion. It denied plaintiff’s motion for partial summary judgment of no anticipation by an EMERALD 1997 publication, and plaintiff’s motion of no anticipation based on combination of prior art references as moot. Defendants’ motion relating to failure to disclose the best mode is denied as moot. Finally, it denied ISS’ motion to preclude plaintiff from disputing evidence that the Live Traffic paper qualifies as a section 102(b) printed publication based on plaintiff’s conduct during discovery is denied as moot.
A copy of the full opinion is available here.
