Wolf Greenfield Achieves Dismissal of Patent Action

  • May 3, 2013

After ten years, Wolf Greenfield’s litigation team recently achieved a successful outcome for our client, Centra Software, Inc., in a hard fought patent litigation, which had been filed in 2003 in the United States District Court for the District of Colorado. EdiSync, a non-practicing entity, had accused Centra of infringing two patents relating to collaborative editing of computer files over a network.

Early in the case, Centra put the patents into two successive re-examinations before the United States Patent and Trademark Office (USPTO). Although that effort knocked out one patent, the other remained, after EdiSync amended the claims of that patent and made certain arguments seeming to narrow their scope.

Edisync then tried to recapture the claim scope it had seemingly given up in the reexamination by asserting in the litigation a broader construction for the claims. Centra responded by initiating a third reexamination, calling to the attention of the USPTO the broader construction that Edisync had begun arguing in the litigation. In that reexamination, the USPTO adopted those broader constructions, issuing a 150-page decision that rejected all the claims on numerous grounds.

Faced with these rejections, the court then dismissed the action, until such time, if ever, that the patent owner persuades the USPTO that its claims are patentable when given the broad constructions it had advocated during the litigation. 

Wolf Greenfield’s litigation team for the case includes shareholders James Foster and Robert Abrahamsen.