01 Communique Laboratory, Inc v. Citrix Online, LLC

Communique’s patent, entitled “System Computer Product and Method for Providing a Private Communication Portal,” allows a remote computer to access a personal computer via the Internet, using a “location facility” to “creat[e] a communication channel.” In 2006, Communique sued, alleging that Citrix’s GoToMyPC remote computer connection service infringed two claims. The court stayed proceedings pending resolution of inter partes reexamination. In 2013, the Patent Board confirmed the patentability of the claims over prior art references, including Citrix’s BuddyHelp computer connection service. The Federal Circuit affirmed. Returning to the district court, Citrix argued that the claims were patent ineligible under 35 U.S.C. 101, because they “only require[] generic software operating on a generic computer system to implement the abstract idea of connecting two computers.” The court rejected this argument. A jury concluded that Citrix had not established that the claims were invalid, but that Communique had not established that Citrix’s product infringed those claims. The Federal Circuit affirmed; the court did not abuse its discretion in ruling that while the reexamination record could be used at trial, the jury could not be informed that Citrix had requested the reexamination. Citrix’s argument did not rest on an improper “practicing the prior art” defense, but instead correctly recognized that claim terms must be “construed the same way for both invalidity and infringement.” View "01 Communique Laboratory, Inc v. Citrix Online, LLC" on Justia Law