Altiris, Inc. v. Symantec Corp., 2:99CV13K.
| Decision Date | 10 August 2001 |
| Docket Number | No. 2:99CV13K.,2:99CV13K. |
| Citation | 160 F.Supp.2d 1274 |
| Parties | ALTIRIS, INC., a Utah corporation, Plaintiff, v. SYMANTEC CORPORATION, a Delaware corporation, Defendant. |
| Court | U.S. District Court — District of Utah |
Jon C. Christiansen, Michael L. Larsen, C. Kevin Speirs, Catherine Agnoli, Lara A. Reymann, Parsons Behle & Latimer, Salt Lake City, UT, Wesley L. Austin L. Austin, Madson & Metcalf, Salt Lake City, UT, for Plaintiff.
Mark O. Morris, Snell & Wilmer LLP, Salt Lake City, UT, Bruce A. Kugler, Benjamin B. Lieb, Robert R. Brunelli, Sheridan Ross PC, Denver, CO, Lillian C. Henry, Heller Ehrman White & McAuliffe, San Francisco, CA, Mark F. James, Heather A. McDougald, Hatch James & Dodge, Salt Lake City, James L. Warlaumont, Appel & Warlaumont, Salt Lake City, Robert D. Fram, Robert Haslam, S. Elizabeth Mitchell, Heller Ehrman White & McAuliffe, Menlo Park, CA, Joshua Masur, Heller Ehrman White & McAuliffe, Menlo Park, CA, for Defendant.
Plaintiff, Altiris, Inc., filed this action against Symantec Corporation, claiming that Symantec has infringed Altiris' United States Patent Number 5,764,593 ("the '593 Patent"). On July 16 and 17, 2001, the court conducted a hearing pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed.Cir.1995), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), for the purpose of construing or interpreting the claims comprising the written submissions on these matters, as well as the arguments made at the hearing, and finds as follows.
Altiris owns the '593 Patent which generally concerns a method and a system that intercepts and controls the computer boot process. The software technology in the '593 Patent allows a network administrator working from the network server to remotely access individual network computers for various reasons, such as to update or install software. Prior to the '593 Patent, this could only be accomplished through the installation of hardware on each individual computer in the network.
When a computer is first turned on, it goes through a series of tests to ensure its components are functioning properly and then transfers control to a software program in the Master Boot Record (MBR) that will load the operating system. The software invented in the '593 Patent interrupts the normal booting process through a customized MBR code which contains a special flag system that tells the computer to transfer control to an automation partition on the MBR rather than to one of the normal operating systems. Once the computer is controlled by the automation partition code, the computer is linked to the network server computer and a specialized "Bootwork routine" runs.
The Bootwork routine examines a database on the server to determine whether there are any automation commands to be executed on the individual (also referred to as client or digital) computer. If there are automation commands to be executed, such commands are executed on the individual computer and then the computer reboots itself using the normal booting process. If there are no automation commands specified on the server, the individual computer is directed to proceed with the normal booting procedure. Under either scenario, before the normal booting procedure occurs, the customized MBR code resets the special flag so that the next time the computer boots, it will boot from the automation partition. As a result, the automation partition always gains control of the normal operating system when the computer is turned on or rebooted.
There are twelve claims involved with the technology in the '593 patent. However, most of the disputes between the parties center around Claims 1 and 8.
Claim 1 requires a digital computer having at least five components and utilizes at least six method steps, as follows:
A method for gaining control of a computer prior to the normal boot sequence operating on a digital computer system, said digital computer system including:
means for storing data;
means for processing data;
means for connecting said digital computer system to an external source of commands;
means for displaying data; and means for inputting data;
the method comprising:
testing automatically for automation boot sequence data, said test including reading a boot selection flag and comparing said boot flag with a known flag setting;
transferring control of said computer system to automation code, if said testing automatically step indicates an automation boot sequence;
executing a control process for said means for connecting said digital computer system to an external source of commands, if said testing automatically step indicates an automation boot sequence;
performing said external commands, if said testing automatically step indicates an automation boot sequence; setting said boot selection flag; and booting normally, if said testing automatically step indicates a normal boot sequence.
Claims 2 through 7 are dependent on claim 1, meaning that they incorporate the language from claim 1 but then add or modify the steps in claim 1. Claim 2 adds the requirement of "creating an automation partition in said means for storing data." Claim 3 adds the requirement of "resetting said digital computer system to a known state." Claim 4 adds that the "executing a control process" step in claim 1 requires "loading an operating system; loading a set of interface drivers; executing said operating system; executing said interface drivers; and accessing a set of externally stored commands." Claim 5 alters the "performing said external commands" step in claim 1 to require "searching for valid commands; executing said valid commands; and setting said boot selection flag." Claim 6 adds the step of "booting said digital computer system normally if said testing automatically step indicates that said computer system's boot selection flag is set to boot normally." Claim 7 requires that "wherein said external source of commands originates on a second computer system connected to said digital computer system via a network interface."
Claim 8 provides as follows:
A digital computer system programmed to perform the method of gaining control of the boot procedure of a digital computer, said digital computer comprising:
(A) a central processing unit;
(B) a memory unit;
the method comprising:
testing automatically for source of said means of booting; said testing including reading a boot selection flag and comparing said boot selection flag with a known flag setting;
transferring control of said computer system to said source of said means of booting;
performing said external commands, if said testing automatically step indicates a boot sequence stored externally to said digital computer;
setting said boot selection flag; and
booting normally, if said testing automatically step indicates a boot sequence stored internal to said digital computer.
Claim 9 is dependent on claim 8 and claims 10 through 12 are dependent on claim 9. Claim 9 requires a "network interface; a network interface driver; and a server computer." Claim 10 modifies claim 9, stating "wherein said transferring control includes transferring control of said digital computer to said server computer." Claim 11 adds the requirements that "wherein said external commands are stored on said server computer." Claim 12 adds the step of "initializing said digital computer system to a known initial state."
The parties' disputes focus on: (1) whether the steps of claims 1 and 8 must be performed in the order in which they are stated in the claim; (2) whether the preambles of claims 1 and 8 are claim limitations; (3) the proper interpretation of certain claim terms, including "boot selection flag" in claims 1 and 8, "automation boot sequence data" in claim 1, "automation code" in claim 1, "means of booting" in claim 8, "means for connection" in claim 1, "accessing" in claim 4, and "searching" in claim 5; and (4) whether the terms of claims 3 and 12 are so vague as to be fatally indefinite.
A patent infringement case involves a two-step analysis. First, the claim must be properly construed to determine its scope and meaning. Second, a comparison must be made between the claim, as properly construed, and the accused device or process. See IMS Technology, Inc., v. Haas Automation, Inc., 206 F.3d 1422, 1429 (Fed.Cir.2000); Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1581-82 (Fed.Cir.1996). The first step of claim construction or claim interpretation is strictly a question of law for the court. Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir. 1995), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996).
When performing claim construction, the court should first "look to the intrinsic evidence of the record, i.e., the patent itself, including the claims, the specification, and if in evidence, the prosecution history." CVI/Beta Ventures, Inc. v. Tura LP, 112 F.3d 1146, 1152 (Fed.Cir. 1997) (quoting Vitronics, 90 F.3d at 1582). Such intrinsic evidence is the most significant source of the meaning of disputed claim language. Vitronics, 90 F.3d at 1582. Extrinsic evidence, such as expert testimony, inventor testimony, dictionaries, and technical treatises, should not be relied upon unless an analysis of the intrinsic evidence alone will not resolve all...
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Altiris, Inc. v. Symantec Corp.
...13, 2001, after a two-day Markman hearing, the court issued an order construing the claim limitations at issue. Altiris, Inc. v. Symantec Corp., 160 F.Supp.2d 1274 (D.Utah 2001). There are twelve claims in the '593 patent (independent claims 1 and 8, dependent claims 2-7, 9-12). On appeal, ......