TVIIM, LLC v. McAfee, Inc., No. 16-1562 (Fed. Cir. 2017)Annotate this Case
TVIIM’s 168 patent, entitled “Method and Apparatus for Assessing the Security of a Computer,” describes “a security system which identifies security vulnerabilities and discrepancies for a computing system.” The patent both identifies potential security threats to a computer and, under certain conditions, recommends action to a user to stop the threat. TVIIM sued McAfee. A jury determined that McAfee did not infringe the 168 patent and that the 168 patent was invalid. The Federal Circuit affirmed, finding that substantial evidence supported the jury’s findings of non-infringement and invalidity under the court’s single construction of the claim terms: “as a result of/in response to,” “various utility functions,” and “reporting the discovered vulnerabilities.” TVIIM did not seek construction of any of the three terms at trial.