from the United States District Court for the Northern
District of Ohio in No. 1:06-cv-00253-SL, Judge Sara Lioi.
Harry Shunk, Baker & Hostetler LLP, Cleveland, OH, argued
for plaintiff-appellant. Also represented by Christina J.
Moser; Charles C. Carson, Kenneth Jon Sheehan, Washington,
Christopher Fleming, Wilmer Cutler Pickering Hale and Dorr
LLP, Boston, MA, argued for defendants-appellees. Also
represented by Christopher D. Dodge; Indranil Mukerji, Ruffin
B. Cordell, Fish & Richardson, PC, Washington, DC;
Georgia Yanchar, Calfee, Halter & Griswold LLP,
Newman, Mayer, and Stoll, Circuit Judges.
Communique Laboratory, Inc. ("Communique") appeals
an order of the United States District Court for the Northern
District of Ohio denying its motion for a new trial. See
01 Communique Lab., Inc. v. Citrix Sys., Inc., No.
1:06-CV-00253, 2017 WL 1065573 (N.D. Ohio Mar. 21, 2017)
("District Court Order"). We affirm.
owns U.S. Patent No. 6, 928, 479 (the "'479
patent"), which is entitled "System Computer
Product and Method for Providing a Private Communication
Portal." J.A. 192. The claimed system creates a
"private communication portal, " '479 patent,
col.3 ll.28-29, which allows an individual using a remote
computer to access a personal computer via the Internet,
id. col.3 ll.30-44; see also id. col.7
ll.26-48. Specifically, the system uses a "location
facility" to "creat[e] a communication channel
between the remote computer and the personal computer."
Id. col.13 l.64-col.14 l.10; see also id.
col.16 ll.30-34. Claim 24 recites:
A computer program product for use on a server computer
linked to the Internet and having a static IP address, for
providing access to a personal computer from a remote
computer, the personal computer being linked to the Internet,
its location on the Internet being defined by either (i) a
dynamic public IP address (publicly addressable), or (ii) a
dynamic LAN IP address (publicly un-addressable), the
computer program product comprising:
(a)a computer usable medium;
(b) computer readable program code recorded or storable in
the computer useable medium, the computer readable program
code defining a server computer program on the server
(i) the server computer program is operable to enable a
connection between the remote computer and the server
(ii) the server computer program includes a location facility
and is responsive to a request from the remote computer to
communicate with the personal computer to act as an
intermediary between the personal computer and the remote
computer by creating one or more communication sessions there
between, said one or more communication sessions being
created by the location facility, in response to receipt of
the request for communication with the personal computer from
the remote computer, by determining a then current location
of the personal computer and creating a communication channel
between the remote computer and the personal computer, the
location facility being operable to create such communication
channel whether the personal computer ...