Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tviim, LLC v. McAfee, Inc.

United States Court of Appeals, Federal Circuit

March 21, 2017

TVIIM, LLC, Plaintiff-Appellant
v.
MCAFEE, INC., Defendant-Appellee

         Appeal from the United States District Court for the Northern District of California in No. 3:13-cv-04545-HSG, Judge Haywood S. Gilliam Jr.

          John J. Shaeffer, Fox Rothschild, LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by Jeffrey H. Grant; William A. Rudy, Denver, CO.

          Joseph J. Mueller, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, argued for defendant-appellee. Also represented by RICHARD WELLS O'NEILL, Sarah B. Petty; Nina S. Tallon, Michael Wolin, Washington, DC.

          Before Prost, Chief Judge, Clevenger and Reyna, Circuit Judges.

          Reyna, Circuit Judge.

         TVIIM, LLC ("TVIIM") sued McAfee, Inc. ("McAfee") in the United States District Court for the Northern District of California for infringement of U.S. Patent No. 6, 889, 168 ("'168 patent"). A jury determined that McAfee did not infringe the '168 patent and that the '168 patent was invalid. After the jury verdict, TVIIM filed motions for judgment as a matter of law ("JMOL") and for a new trial. The district court denied both motions, and TVIIM filed this appeal challenging the jury verdict and the district court's denial of its post-verdict motions. We affirm because substantial evidence supports the jury's findings of non-infringement and invalidity under a uniform construction of the relevant claim terms, and the district court did not abuse its discretion in denying a new trial.

         Background

         1. The'168 Patent

         The '168 patent is entitled "Method and Apparatus for Assessing the Security of a Computer." It describes "a security system which identifies security vulnerabilities and discrepancies for a computing system." '168 patent, col. 1, 11. 65-67. The '168 patent both identifies potential security threats to a computer and, under certain conditions, recommends action to a user to stop the threat.

         Four claims of the '168 patent are relevant to this appeal. Independent claim 1 recites:

A security system for a computer apparatus, wherein said computer apparatus includes a processor and system memory, said security system comprising:
at least one security module which under direction from the processor accesses and analyzes selected portions of the computer apparatus to identify vulnerabilities;
at least one utility module which under the direction from the processor, performs various utility functions with regards to the computer apparatus in response to the identified vulnerabilities; and
a security system memory which contains security information for performing the analysis of the computer apparatus.
'168 patent, col. 10, 1. 65 to col. 11, 1. 10 (disputed terms emphasized).
Dependent claim 7 recites:
The security system of claim 1 wherein the security modules include at least one of ... an integrity checking module which analyzes files in the system memory to identify system vulnerabilities;
a network checking module which analyzes the computer apparatus to identify vulnerabilities created as a result of the computer apparatus connecting with a data network; and
a password checking module which analyzes passwords for users of the computer apparatus to identify vulnerabilities.

Id. col. 11, 11. 25-46 (disputed term emphasized).

         Dependent claim 9 recites: "The security system of claim 7 wherein the system memory comprises a list of known vulnerabilities which may be employed by the integrity ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.