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Judge Sue L. Robinson: Reference Posted To FTP Site Found To Be 102(b) “Publication”

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In SRI Int’l Inc. v. Internet Security Sys., Inc., C.A. No. 04-1199-SLR, Memo. Op. (D. Del. Oct. 17, 2006), Chief Judge Robinson granted defendants’ motion for summary judgment on invalidity, finding all of the claims at issue anticipated separately by two references. The more interesting of the two references was posted on an FTP (file transfer protocol) Internet site. In determining whether the reference was a “printed publication” under 102(b), the court looked to the Hall decision and its progeny. The court found that the FTP site was publicly accessible, the address of the site was distributed to members of the art in both presentations and via e-mail, the site was commonly referenced by individuals on Google Groups, and the site was referenced on an online newsgroup. In light of these findings and the court’s interpretation of sufficient “indexing” of the reference such that members of the public could locate the paper on the FTP site, the court held the claims at issue invalid and entered judgment in defendants’ favor.


SRI Int’l Inc. v. Internet Security Sys., Inc., C.A. No. 04-1199-SLR, Memo. Op. (D. Del. Oct. 17, 2006)

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