Tviim, LLC v. McAfee, Inc., 032117 FEDFED, 2016-1562

Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
Attorney: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'N...
Judge Panel:Before Prost, Chief Judge, Clevenger and Reyna, Circuit Judges.
Opinion Judge:Reyna, Circuit Judge.
Party Name:TVIIM, LLC, Plaintiff-Appellant v. MCAFEE, INC., Defendant-Appellee
Case Date:March 21, 2017
Docket Nº:2016-1562
 
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TVIIM, LLC, Plaintiff-Appellant

v.

MCAFEE, INC., Defendant-Appellee

No. 2016-1562

United States Court of Appeals, Federal Circuit

March 21, 2017

         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 checking module." Id. col. 11, 11. 62-64.

         Finally, independent claim 11 recites: A method of providing a security assessment for a computer system which includes a system memory, comprising the steps of:

providing a security subsystem in the computer system such that functionality of the security subsystem is directed through a processor for the computer system, wherein the security performs steps comprising:

identifying a configuration of the system;

accessing the system memory and performing at least one procedure to provide a security assessment for at least one aspect of the computer system;

as a result of any vulnerabilities discovered in the assessment, identifying corrective measures to be taken with regards to the computer system;

reporting the discovered vulnerability and the identified corrective measures; and

upon receiving an appropriate command, initiating the corrective measures.

Id. col. 12, 11. 1-18 (disputed terms emphasized).

         2. McAfee

         McAfee developed "Program Updates" for Microsoft Windows users to protect software programs against new security threats. Program Updates detects and installs updates for numerous non-Windows programs such as Apple iTunes and Adobe Acrobat. To do so, it scans a user's computer to determine whether any of the non-Windows programs are installed. If it detects such a program, Program Updates makes two determinations: (1) whether the National Vulnerability Database ("NVD") lists any vulnerabilities in the currently installed version of that program; and (2) whether an update is available. If an update is available, Program Updates will install the update.

         Prior to installing an update, Program Updates does not provide users with a detailed report of security threats; rather, it tells the user whether an update is "Critical" or merely "Recommended." J.A. 2044-46, 3338. If an update is available, Program Updates will install the available update whether or not the NVD lists any known vulnerabilities. By contrast, if no software update is available,...

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